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In Comity We Trust: Utilizing International Comity to Strengthen International Cooperation and Enforcement Convergence in Multijurisdictional Matters

Competition authorities across the world have taken increasingly divergent enforcement approaches, including in respect of the conduct of companies involved in the high technology and digital markets. New regulatory developments may further accentuate such divergence, increasing the risk of inefficient and conflicting regulatory efforts. With these trends, there is a greater need for competition authorities… Continue reading In Comity We Trust: Utilizing International Comity to Strengthen International Cooperation and Enforcement Convergence in Multijurisdictional Matters

Do Algorithms Communicate With Each Other and What Does This Mean for the Application of Competition/Antitrust Law?

One of the issues for discussion among scholars of competition law in the digital space is collusion, and the ineffectiveness of competition law to deal with collusion that is driven by algorithms and not humans. This ineffectiveness is based on several assumptions, with the main being that humans, and not algorithms, have the ability to… Continue reading Do Algorithms Communicate With Each Other and What Does This Mean for the Application of Competition/Antitrust Law?

The Battles Between Google, Facebook, and News Media Proprietors Over Fair Value Exchange for News Content

Google and Facebook have been in high profile dispute in Australia as to implementation of a news bargaining code promoted by a competition regulator, the Australian Competition and Consumer Commission (“ACCC”). Why is the Australian Government legislating to require Google and Facebook to pay media proprietors? What is the competition policy rationale for the ACCC… Continue reading The Battles Between Google, Facebook, and News Media Proprietors Over Fair Value Exchange for News Content

Competition in Online Markets

Across the globe, regulators continue to question the extent of current competition laws and policies following the rise of digital platforms, big data, fintechs, and e-commerce which has led to different jurisdictions adopting different approaches. This paper provides a glimpse on online platforms’ role in digital transformation and highlights common competition issues observed. Findings show… Continue reading Competition in Online Markets

OECD Roundtable Quadriptych

Click here for a PDF version of the article Highlights from the OECD Roundtable on the Role of Competition Policy in Promoting Economic Recovery – by Caroline P. Boisvert (Axinn, Veltrop & Harkrider) Highlights from the OECD Forum on Competition, Day One – By Melanie Kiser (Axinn, Veltrop & Harkrider)  Highlights from the OECD’s November… Continue reading OECD Roundtable Quadriptych

Towards a Competition Enabling Framework in Asia Pacific: Opportunities & Challenges – Australia Chapter

Below, we have provided the full transcript of the panel discussion, Online Advertising, Market Competition, Data and Transparency: Opportunities & Challenges for the Ads Ecosystem in Australia, from the fourth chapter of our series, Towards a Competition Enabling Framework in Asia Pacific: Opportunities & Challenges. George SIOLIS: Okay, well, welcome to this session on online… Continue reading Towards a Competition Enabling Framework in Asia Pacific: Opportunities & Challenges – Australia Chapter

Rethinking the EU’s by Object Approach to Vertical Restrictions

The EU is in the process of revising its Vertical Block Exemption Regulation and Vertical Guidelines, which expire in 2022. As part of this process, the European Commission has carried out an evaluation identifying a number of issues with how the current rules have functioned since their adoption in 2010, primarily due to the significant… Continue reading Rethinking the EU’s by Object Approach to Vertical Restrictions

Unpacking Data Portability

Data portability has become a hot topic in competition law. Although some commentators have suggested that data portability represents low hanging fruit compared with more complex remedies such as interoperability, the debate about how to implement any such mandate, presumably under the essential facilities doctrine, remains underdeveloped. Key issues that remain unresolved include the impact… Continue reading Unpacking Data Portability

Data Access and Portability and EU Competition Law

This short paper will discuss the right to access and port data under EU Competition Law and EU sector-specific regulations. While general Competition Law is not readily available, stipulating a difficult test for the plaintiff, the EU Commission seems very keen on granting access and portability rights to data under newly enacted sector specific regulations,… Continue reading Data Access and Portability and EU Competition Law

Australian Regulator Looks Into Merger Law Changes

As governments in different parts of the globe clamp down on possible Big Tech antitrust contraventions, an Australian regulator is looking into ways to reshape Australian merger regulations in 2021, CRN, an Australian news outlet, reported. Australian Competition and Consumer Commission (ACCC) Chair Rod Sims said the watchdog was keeping a close eye on worldwide… Continue reading Australian Regulator Looks Into Merger Law Changes