Competition Law and Most Favoured Nation Clauses in Online Markets

Author(s):  
Margherita Colangelo
2017 ◽  
Vol 7 ◽  
pp. 235-248
Author(s):  
Artur Szmigielski

The aim of this article is to show what the practical implications are regarding the Commission inquiry into e-commerce sector launched on 6 May 2015. Because of their specific and dynamic nature, the application of competition law to online markets may prove challenging. Therefore, the focus will be also directed to challenges that could be faced when anti-competitive practices in e-commerce sector are strictly enforced. The question is whether traditional competition analysis may be sufficiently able to reflect the way in which competition takes place on digital markets.


2020 ◽  
Vol 12 (21) ◽  
pp. 247-258
Author(s):  
Hana Kováčiková ◽  

Digitalisation has brought new legal challenges even to competition law. The traditional SSNIP test used by competition authorities does not work with online markets, where services or products are made available to consumers free of charge. This paper analyses some aspects of zero-price markets and their assessment from the point of view of European competition authority and from the point of view of the Slovak Antimonopoly Office.


2018 ◽  
Author(s):  
Pablo Ibáñez Colomo

Author(s):  
Giorgio Monti

2005 ◽  
pp. 100-116
Author(s):  
S. Avdasheva ◽  
A. Shastitko

The article is devoted to the analysis of the draft law "On Protection of Competition", which must substitute the laws "On Competition and Limitation of Monopolistic Activity on Commodity Markets" and "On Protection of Competition on the Financial Services Market". The innovations enhancing the quality of Russian competition law and new norms providing at least ambiguous effects on antimonopoly regulation are considered. The first group of positive measures includes unification of competition norms for commodity and financial markets, changes of criteria and the scale of control of economic concentrations, specification of conditions, where norms are applied "per se" and according to the "rule of reason", introduction of rules that can prevent the restriction of competition by the executive power. The interpretation of the "collective dominance" concept and certain rules devoted to antimonopoly control of state aid are in the second group of questionable steps.


2016 ◽  
Vol 14 (4) ◽  
pp. 388-414
Author(s):  
Alexandra P. Mikroulea

AbstractOpt-in or opt-out? That is the basic question to be answered. The decision to promote actions of “opt-in” type as opposed to those of the “opt-out” type, for the sake of private autonomy, does not ensure the effective application of european competition law. On the contrary, it may decrease the application’s intensity and effectiveness. Recent reforms among European state members such as in the United Kingdom, Belgium, the Netherlands, Denmark and Norway are powerful indications that the opt-out principle may result in the effective implementation of competition law. There is no doubt that a mixed system (hybrid system), providing the court with the power to decide in favour of either the opt-in or the opt-out system, will result in better implementation of competition law. At the present time there are two pending cases in England (Dorothy Gibson and Mastercard) for which the decision on opt-out or opt-in are highly anticipated. Should the court decide, in one or both of the cases, on an opt-out approach, this will bring a momentous reevaluation of the entire collective redress concept.


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