Commitment Decisions in Eu Competition Law

Dunne, Niamh

doi:10.1093/joclec/nht047

Cited by 11 publications

(4 citation statements)

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“…It is not unusual to read that EU competition law is enforced to achieve regulatory objectives (Larouche 2000;Dunne 2014 andDrexl and Di Porto 2015). However, it is difficult to draw a clear line between the proper and improper interpretation and application of open-textured provisions like Article 101 TFEU, in particular considering the broad range of factual scenarios and industries that are potentially subject to scrutiny.…”

Section: Discussionmentioning

confidence: 99%

Copyright Licensing and the EU Digital Single Market Strategy

Colomo

2017

The Cambridge Handbook of Antitrust, Intellectual Property, and High Tech

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Abstract:In May 2015, the European Commission launched an ambitious Digital Single Market Strategy. One of the objectives of this agenda is to ensure that copyright-protected content is accessible across borders by end-users. The achievement of this goal requires the review of national copyright regimes to ease the cross-border transmission of content and the enforcement of EU competition rules. This piece explains the principles applying to the territorial licensing of copyright-protected content against the background of the Strategy and the proposals for legislative reform. As a matter of principle, it is lawful under EU competition law to grant an exclusive territorial licence to a single operator in a given Member State, and thus to prohibit the transmission of the same content by others in the territory subject to the licence. In certain circumstances, however, these agreements may be found to be contrary to Article 101(1) TFEU. The piece places an emphasis on the analysis of the Murphy case and provides the context to understand the ongoing proceedings against the 'Big Six' Hollywood major studios and Sky UK.

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Section: Discussionmentioning

confidence: 99%

Copyright Licensing and the EU Digital Single Market Strategy

Colomo

2017

The Cambridge Handbook of Antitrust, Intellectual Property, and High Tech

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“…This practice was problematic where the undertaking was breached. The situation was rectified by the inclusion of express power in Reg.1/2003 to accept “commitments’ in cases where the Commission was otherwise intending to adopt an infringement decision (Dunne, 2010) [19]. The Regulation makes provision for instances in which the commitment is not observed.…”

Section: European Unionmentioning

confidence: 99%

In the absence of global antitrust law: looking to “bricks and mortar” institutions and agency networks

Lucey

2021

JITLP

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Purpose This paper aims to draw attention to a broad range of experimental institutional initiatives which operate in the absence of a global antitrust regime. The purpose of this paper is to offer food for thought to scholars in other fields of international trade law facing challenges from divergent national regimes. Design/methodology/approach Taking inspiration from political science literature on institutions, this paper crafts a broad analytical lens which captures various organisational forms (including networks), codes (including soft law) and culture (including epistemic communities). The strength and shortcomings of traditional “bricks and mortar” institutions such as the European Union (EU) and General Agreement Tariffs and Trade/World Trade Organisation are first examined. Then, the innovative global network of International Competition Network (ICN) is analysed. Findings It highlights the value of the global antitrust epistemic community in providing a conducive environment for extensive recourse to “soft law”. Examples from the EU and the ICN include measures which find expression in enforcement tools and networks. These initiatives can be seen as experimental responses to the challenges of divergent national antitrust regimes. Research limitations/implications It is desktop research rather than empirical field work. Practical implications To raise awareness outside the antitrust scholarly community of the variety of experimental institutional initiatives which have evolved, often on a soft law basis, in response to the challenges experienced by national enforcement agencies and businesses operating in the absence of a global antitrust regime. Originality/value It offers some personal reflections on the ICN from the author’s experience as a non-governmental advisor. It draws attention to the ICN’s underappreciated range of educational materials which are freely available on its website to everyone. It submits that the ICN template offers interesting ideas for other fields of international trade law where a global regime is unrealisable. The ICN is a voluntary virtual network of agencies collaborating to agree ways to reduce clashes among national regimes. Its goal of voluntary convergence is portrayed as standardisation rather than as absolute congruence. Even if standardisation of norms/processes is too ambitious a goal in other fields of international trade law, the ICN model still offers inspiration as an epistemic community within an inclusive and dynamic forum for encouraging debate and creating a culture of learning opportunities where familiarity and trust is fostered.

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“…Commitments are, generally speaking, divided into "structural" and "behavioural" remedies (Dunne 2014). The first category includes commitments that aim at solving the anti-competitive behaviour via a "divestiture" of the firm's assets (e.g.…”

Section: Behavioural Remedies Vis-à-vis Personalised Pricingmentioning

confidence: 99%

To discriminate or not to discriminate? Personalised pricing in online markets as exploitative abuse of dominance

Botta

Wiedemann

2019

Eur J Law Econ

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The advent of big data analytics has favoured the emergence of forms of price discrimination based on consumers' profiles and their online behaviour (i.e. personalised pricing). The paper analyses this practice as a possible exploitative abuse by dominant online platforms. The paper argues that, in view of its "mixed" effect on consumers' welfare, personalised pricing requires a case-by-case assessment under EU competition law and thus it should not be banned a priori. However, in view of the recent case law of the European Court of Justice on price discrimination, the National Competition Authorities (NCAs) and the European Commission would face a high burden of proof to sanction this conduct under Art. 102(c) TFEU. Finally, the paper argues that, due to its case-by-case approach, competition law seems more suitable than omnibus regulation to tackle the negative effects that personalised pricing could have on consumers' welfare. In particular, an NCA/the European Commission could negotiate with online platforms different kinds of behavioural commitments: transparency requirements, limits on data collection/user profiling, rights to opt out of personalised pricing and the obligation to share customers' data with competitors could significantly tame the risks of personalised pricing.

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Commitment Decisions in Eu Competition Law

Cited by 11 publications

References 0 publications

Copyright Licensing and the EU Digital Single Market Strategy

Copyright Licensing and the EU Digital Single Market Strategy

In the absence of global antitrust law: looking to “bricks and mortar” institutions and agency networks

To discriminate or not to discriminate? Personalised pricing in online markets as exploitative abuse of dominance

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