What the Servier judgment teaches us about market definition under Article 102 and patent settlement agreements under Article 101

What the Servier judgment  teaches us about market definition under Article 102 and patent settlement agreements under Article 101

February 2019 CPI EU News Column edited by Thibault Schrepel, Sam Sadden & Jan Roth (CPI) presents: What the Servier judgment1 teaches us about market definition under Article 102 and patent settlement agreements under Article 101 By James Killick, Jérémie Jourdan & Pierre Pêcheux (White & Case)2 Click here for a PDF version of the article For […]

The Logic of Market Definition

Posted by Social Science Research Network The Logic of Market Definition By David Glasner & Sean Patrick Sullivan Despite the voluminous commentary that the topic has attracted in recent years, much confusion still surrounds the proper definition of antitrust markets. This paper seeks to clarify market definition, partly by explaining what should not factor into the exercise. […]

Market Definition and Free Online Services: The Prospect of Personal Data as Price

Posted by Social Science Research Network Market Definition and Free Online Services: The Prospect of Personal Data as Price By Magali Eben The innovative new technology and business models of the new economy recurrently challenge established legal principles. In antitrust law, traditional tools of market definition, such as the price-based SSNIP test (small but significant […]

Defining Markets for Multi-Sided Platforms: The Case of Search Engines

Posted by Social Science Research Network Defining Markets for Multi-Sided Platforms: The Case of Search Engines By Thomas Hoppner (Technical University Wildau) Abstract:     Despite the rise of two- or multi-sided platforms in the digital sector, there is not yet an established antitrust policy for defining relevant markets that involve such platforms. Difficulties arise in […]

The Meaning and Determination of Market Power

Posted by Social Science Research Network The Meaning and Determination of Market Power By John B. Kirkwood (Seattle University School of Law) Abstract:       Market power and monopoly power lie at the core of antitrust law. Yet there is no agreement on exactly what they mean. Courts and scholars agree that market power is […]

Attention markets & the law

Posted by Social Science Research Network Attention markets & the law By Tim Wu (Columbia University) Abstract:     Human attention is a resource. An increasingly large and important sector of the economy, including firms such as Google, Facebook, Snap, along with parts of the traditional media, currently depend on attentional markets for their revenue. Their […]

Digitalization Revolutionizes The Economy – And The Work Of Competition Authorities

Digitalization Revolutionizes The Economy – And The Work Of Competition Authorities

By Andreas Mundt – Digitalization is revolutionizing all sectors of the economy. This is a challenging development not only for the business community but also for competition authorities. Digitalization and the competitive assessment of the global Internet giants are currently one of the most important issues for competition authorities around the world. There are many new […]

Market Dominance Under The Anti-Monopoly Law: SAIC’s Landmark Decision On Tetra Pak

Market Dominance Under The Anti-Monopoly Law: SAIC’s Landmark Decision On Tetra Pak

By Vanessa Yanhua Zhang, John Jiong Gong & Amanda Jing Yang – On November 16, 2016, SAIC issued a press release on its over-four-year investigation against Tetra Pak for abuse of market dominance. In its decision, SAIC elaborated on several issues in this case, including the market definition, the market power, the abuse of market […]

Practical Aspects of Aftermarkets in European Competition Law

John Temple Lang, May 20, 2011 An “aftermarket” is a market for the supply of products or services needed for or in connection with the use of a relatively long-lasting piece of equipment that has already been acquired. Aftermarkets give rise to several kinds of questions under competition law. Does a relevant market for competitive analysis consist of separate […]

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