Reflections on Section 5 of the FTC Act & the FTC’s Case Against Intel

Daniel Crane, Feb 28, 2010 The Federal Trade Commission’s (“FTC’s”) unprecedented enforcement action against Intel raises profound issues concerning the scope of the FTC’s powers to give a construction to Section 5 of the FTC Act that goes beyond the substantive reach of the Sherman Act. While I have urged the FTC to assert such […]

Android, iOS And Market Power – What Does Mobile Platform Competition Really Look Like?

Android, iOS And Market Power – What Does Mobile Platform Competition Really Look Like?

By Jakob Kucharczyk – The European Commission’s competition investigation into Google’s Android mobile operating system (“OS”) has raised a lot of attention and commentary. So far most comments focused on the “abuse” part of that investigation. While the issue of “abuse” is arguably the more interesting part in most Article 102 cases, the finding of […]

Google, Mobile And Competition: The Current State Of Play

Google, Mobile And Competition: The Current State Of Play

By Benjamin Edelman – Google’s widely-used Android operating system is open source software. Any developer who wishes to examine the source code can download it in full. Any device manufacturer that wishes to install “bare Android” can do so free of any Google apps whatsoever, and subject to minimal restrictions and few obligations to Google or […]

Bundling Behavior in Telecoms: What Firms Do and How European Competition Authorities Have Included Bundling in Their Reasoning

Bundling Behavior in Telecoms: What Firms Do and How European Competition Authorities Have Included Bundling in Their Reasoning

By Agustín Díaz-Pinés & João Vareda – In this article, the authors discuss the reasons why firms in the telecoms sector bundle and the impact on welfare of these strategies. They then describe the most recent merger and antitrust decisions in Europe where telecoms bundles were assessed.

Canada’s TREB Decision on Abuse of Dominance: Points of Possible Divergence

Canada’s TREB Decision on Abuse of Dominance: Points of Possible Divergence

By Randall Hofley – The recent Canadian Competition Tribunal decision in Commissioner of Competition v. Toronto Real Estate Board provides a detailed outline of each element of Canadian abuse of dominance law and, while generally consistent with analogous U.S. and European Commission law, some potential differences arise, most notably as regards anticompetitive intent, the participation of […]

Rebates: Formalism, Effects and the Real World

Rebates: Formalism, Effects and the Real World

By Lia Vitzilaiou – Rebates by dominant undertakings are a controversial area in competition law. While they can be part of genuine price competition and lead to lower prices, they can be also used by dominant firms as a means to exclude competitors and effectively harm customers. Under one approach, a rebate must be regarded as […]

Competition community & multilateral development banks: Opportunities for further cooperation

Competition community & multilateral development banks: Opportunities for further cooperation

By Beatriz De Guindos Talavera and Marianela Lopez Galdos The absence of a level playing field or even the mere perception of an anticompetitive environment undermines the capacity of countries to attract private sector investments that are essential for economic growth. It seems imperative for the international organizations providing financial assistance to developing countries to […]

The 3Q case and the abuse of dominance analysis under China’s Anti-Monopoly Law

Yong Huang and Xin Zhang, March 20, 2016 On March 20, 2013, the Higher People’s Court of Guangdong Province gave its judgment on the case of abuse of market dominance of Beijing Qihoo Technology Co., Ltd. (“Qihoo”) vs. Tencent Technology (Shenzhen) Co., Ltd. and Shenzhen Tencent Computer System Co., Ltd. (collectively referred to as “Tencent”) […]

Uber and the Rule of Law: Should Spontaneous Liberalization Be Applauded or Criticized?

Damien Geradin, March 20, 2016 While Uber is able to operate legally in a growing number of countries and cities, regulatory approval has proved to be elusive in other jurisdictions. Yet, in a number of regions or cities Uber decided to launch its services despite the absence of regulatory approval. The fact that Uber has […]

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