Australia’s consumer regulator is sharpening its focus on big tech, warning platform giants are pervasively tracking the nation’s users and dominating the local online advertising markets in its first major update since its landmark Digital Platforms inquiry. The Australian Competition and Consumer Commission (ACCC) late last week released its first six-monthly report on digital platform… Continue reading Australian Regulator Warns On Being “Extensively Tracked” Online By Google & Facebook
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Antitrust Policy in the 21st Century: Is There a Need for Reform? – Session 4
Below we have provided the full text transcript from the fourth panel of our recent roundtable discussions, Antitrust Policy in the 21st Century: Is There a Need for Reform?, from July 31. Randal PICKER: Hi. I’m Randy Picker, and I’m a professor at the University of Chicago Law School. The House Subcommittee on Antitrust has… Continue reading Antitrust Policy in the 21st Century: Is There a Need for Reform? – Session 4
Dynamic Competition in Dynamic Markets: A Path Forward – News Media & Competition Law: Analysis of Australia’s Latest Developments
Below we have provided the full text transcript from the first panel of our broadcast conference, Dynamic Competition in Dynamic Markets: A Path Forward, from August 6. Allan FELS AO: I would now like to turn to our panel, actually, we have a really excellent panel of top people in Australia, to discuss the interview… Continue reading Dynamic Competition in Dynamic Markets: A Path Forward – News Media & Competition Law: Analysis of Australia’s Latest Developments
Dynamic Competition in Dynamic Markets: A Path Forward – Fireside Chat
Below we have provided the full transcript from the Fireside Chat portion of our broadcasted conference, Dynamic Competition in Dynamic Markets: A Path Forward from August 6, 2020 Allan FELS AO: Good morning, good afternoon, good evening everyone. I’m Allan FELS AO, former Chair of the ACCC and today it’s my pleasure an honor to… Continue reading Dynamic Competition in Dynamic Markets: A Path Forward – Fireside Chat
The Australian Competition and Consumer Act 2.0: Is the New Concerted Practices Prohibition an Effective Patch to Address Algorithmic Collusion?
Pricing algorithms can be deployed as a tool to facilitate collusion and therefore cause consumer harm. Where this happens, the conduct may not necessarily involve a “contract,” “arrangement” or “understanding” which had to be proven to establish an infringement of the former section 45 of the Australian Competition and Consumer Act 2010 (Cth). In November… Continue reading The Australian Competition and Consumer Act 2.0: Is the New Concerted Practices Prohibition an Effective Patch to Address Algorithmic Collusion?
Self-Preferencing – Some Observations on the Push for Legislation at the National Level in Germany
While the debate on self-preferencing as a possible abuse of dominance under EU law is ongoing, various expert reports on antitrust enforcement in the digital economy identified self-preferencing as a competition issue to be tackled and provided several suggestions, including legislation. Germany has proposed draft national legislation, including a special provision prohibiting self-preferencing for companies… Continue reading Self-Preferencing – Some Observations on the Push for Legislation at the National Level in Germany
Assessing “Killer Acquisitions”: An Assets and Capabilities-Based View of the Start-Up
Killer acquisitions have come under the eye of the antitrust community. However, the issue has not always been discussed in a systematic way and there is still no emerging consensus. Therefore, this paper sets out a general framework to evaluate killer acquisitions by tying together the various strands in the existing literature. With that aim,… Continue reading Assessing “Killer Acquisitions”: An Assets and Capabilities-Based View of the Start-Up
Competition in “Lockdown” After the Attack of COVID-19 in Australia
By Jessica Apel & Barbora Jedlickova1 On February 25, 2020, the Australian Competition and Consumer Commission (“ACCC”) set its enforcement priorities for the year, as per usual, without any suspicion that the world was about to change with the COVID-19 outbreak and that, with this change, competition and the enforcement of its law would take… Continue reading Competition in “Lockdown” After the Attack of COVID-19 in Australia
Essential Facilities Fallacy: Big Tech, Winner-Take-All Markets, and Anticompetitive Effects
There have been calls to treat data as an essential facility to reduce barriers to entry in the digital economy where a “winner-take-all” dynamic is often present. In such markets, traditional enforcement may fail to enjoin conduct, or an acquisition, that lowers welfare in expectation because anticompetitive effects, regardless of their magnitude, are given no… Continue reading Essential Facilities Fallacy: Big Tech, Winner-Take-All Markets, and Anticompetitive Effects
Big Data, Big Target for EU Antitrust Enforcement?
In her new five-year mandate as Competition Commissioner, Commission Executive Vice-President Vestager will be considering changes to EU antitrust enforcement in relation to big data in several respects: the role of data in defining markets and assessing market power; imposing data-access remedies in abuse-of-dominance cases; and clarifying rules on sharing and pooling data. In merger… Continue reading Big Data, Big Target for EU Antitrust Enforcement?