CPI Autumn 2015, Vol. 11 No. 1

index

Letter From the Editor

David S. Evans, March 20, 2016

Letter from the Editor

Keith N. Hylton, March 20, 2016 United States v. Microsoft Corp. (Microsoft III) is now fifteen years old, and that I would write such a long introduction to a reprint of significant portions from the opinion is a sign its significance has not died out. Just the opposite, I think it will become more significant.

A SYMPOSIUM ON NEW BUSINESS MODELS

Alex Chisholm & Nelson Jung, March 20, 2016

Platform regulation — ex-ante versus ex-post intervention: evolving our antitrust tools and practices to meet the challenges of the digital economy

The rapid change in the economic environment, in particular the growth of the digital economy, poses challenges for competition authorities and policymakers alike: what are the key considerations that should inform the approach to intervention in such a fast moving sector?

Bruno Lasserre, March 20, 2016

New business models and competition enforcement: must we ride the tide of change?

New business models seem all-pervasive today, with the result that older forms of trade feel under constant threat.

Damien Geradin, March 20, 2016

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

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.

Benjamin Edelman, March 20, 2016

Whither Uber?: Competitive Dynamics in Transportation Networks

Transportation Network Companies offer notable service advances—but do they comply with the law? I offer evidence of some important shortfalls, then consider how the legal system might appropriately respond.

Thomas P. Brown and Molly E. Swartz, March 20, 2016

Competition Policy in Consumer Financial Services: The Disparate Regulation of Online Marketplace Lenders and Banks

Uber is just one of many startups struggling to fit their businesses into existing regulatory frameworks. As technological innovation leads to new business models, there is increasing friction between these new companies and the existing regulatory regime.

A Symposium on the Tencent Case

Judge Li Zhu, March 20, 2016

Legal boundaries of Competition in the Area of Internet: Challenges and Judicial Responses

Some new characteristics of competition in the Internet industry, e.g., competition for attention, innovation competition, cross-market competition etc., have brought about new challenges and difficulties for the legal regulation of competition.

 Yong Huang & Xin Zhang, March 20, 2016

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

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”) and dismissed all the plaintiff’s claims.

Huang Wei & Han Guizhen, March 20, 2016

Relevant Market Definition and Market Dominance Identification in 3Q War

The appellate dispute between Qihoo 360 Technology Co. Ltd. (“Qihoo”) and Tencent Holdings Limited (“Tencent”) regarding Tencent’s alleged abuse of market dominance was the first antitrust case ever tried by the China Supreme People’s Court (“CSPC”) and was also the longest-ever hearing held by CSPC so far, lasting for over 28 hours.

 

ARTICLES

Martin Cave & Ingo Vogelsang, March 20, 2016

Net Neutrality an E.U./U.S. Comparison

Net neutrality has been an issue that has preoccupied consumers, firms and regulators over the past decade. It concerns the financial and qualitative terms on which unaffiliated content and application providers (“CAPs”) may have their content delivered by the local access provider or Internet Service Providers (“ISPs”).

Nicolas Petit, March 20, 2016

State Created Barriers to Exit: The Example of the Acquisition of Alstom by General Electric

This paper seeks to understand the competitive impact of State restrictions to M&A transactions that target domestic corporations. In the economic literature, a rich body of papers has examined the impact of State restrictions in terms of market access, international trade and FDI. In contrast, the consequences of State restrictions in terms of economic competition remain poorly understood.

CLASSIC

Keith N. Hylton, March 20, 2016

Microsoft after Fifteen Years

United States v. Microsoft Corp. (Microsoft III) is now fifteen years old, and that I would write such a long introduction to a reprint of significant portions from the opinion is a sign its significance has not died out.

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