Market definition for two-(or multi) sided platforms – demand interdependence and substitution as guiding principles

Market definition for two-(or multi) sided platforms – demand interdependence and substitution as guiding principles

The past year has led to a lot of discussion on the relation between competition law and (online) platforms and a lot of disagreement on how competition law should apply in such cases as displayed by comments on the major cases of Amex and Google. Unsurprisingly, one of the most contentious aspects of these cases was the market definition. It […]

The United States considers boarding the tech regulation train

The United States considers boarding the tech regulation train

On August 24th, the US Federal Trade Commission (FTC) announced the opening session of its Hearings on Competition and Consumer Protection in the 21st Century. Starting in September, these hearings will ‘examine whether broad-based changes in the economy […] require adjustments to competition and consumer protection enforcement priorities of the Commission’. A focus on new technologies is readily apparent, as […]

Cartel deterrence through cartel enforcement – a discussion of recent research

Cartel deterrence through cartel enforcement – a discussion of recent research

With the buzz surrounding the EU Commission’s recent Android decision (read about our take on it here) still very much ongoing, we will turn our focus to something a little different this week. This post discusses a recently published article ‘Does enforcement deter cartels? A tale of two tails’ by Iwan Bos, Stephen Davies, Joseph E. Harrington Jr, and Peter […]

Price monitoring software and competition – new possibilities for RPM in absence of sufficient deterrence

Price monitoring software and competition – new possibilities for RPM in absence of sufficient deterrence

Shortly after the dropping the A-bomb on Google for its alleged tying practices, the Commission imposed fines of over €111 million on Asus, Denon & Marantz, Philips and Pioneer for fixing the minimum resale prices of their online retailers. This recent case shows that the Commission is serious about taking on competition law infringements in the online sphere, however, it […]

The Commission’s Android decision: Google cements its dominance in search… to the benefit of consumers?

The Commission’s Android decision: Google cements its dominance in search… to the benefit of consumers?

Last week’s Commission decision on Google’s Android operating system made for great headlines. On top of the eye-watering fine of €4.3 billion, it even had the dubious honour of eliciting a presidential tweet. It was the kind of decision that sparked extensive papers long before its adoption, and a barrage of commentary immediately afterwards. Now that the dust has settled, […]

Tales of two-sided markets, market definitions and anti-competitive effects – insights from Ohio v. American Express

Tales of two-sided markets, market definitions and anti-competitive effects – insights from Ohio v. American Express

  The case of Ohio v. Amex is the final phase of a long legal battle that started back in 2010 where Amex was accused of infringing section 1 of the Sherman Act for imposing its anti-steering provisions on merchants accepting Amex. While not delivering on all fronts, the case of Amex is an important one in the context of […]

Webtaxi: The Luxembourg Competition Authority exempts an algorithmic price-fixing arrangement on efficiency grounds

Webtaxi: The Luxembourg Competition Authority exempts an algorithmic price-fixing arrangement on efficiency grounds

With the increasing digitalization of economy, algorithms are more and more often relied on by businesses in their economic activities for many purposes including setting prices. Competition authorities have concerns that the use of algorithmic pricing may result in undertakings coordinating their pricing policies to the detriment of competition (see here, here and here). The decision recently handed down by […]

The AT&T-Time Warner decision and its implications for vertical merger enforcement in the U.S.

The AT&T-Time Warner decision and its implications for vertical merger enforcement in the U.S.

Last week’s big antitrust news came from the other side of the Atlantic. On June 12th, judge Leon from the District Court of Columbia gave the AT&T-Time Warner (TW) merger the go-ahead by rejecting the government’s case against it. The proceedings leading up to the decision were contentious, as the judge stressed in the opening paragraph of his opinion: If […]