scholarly journals Data and market definition of Internet-based businesses

2019 ◽  
Vol 20 (1) ◽  
pp. 54-85
Author(s):  
Liang Li
Keyword(s):  
Important Influence ◽  
Market Definition ◽  
The Internet ◽  
Relevant Market ◽  
Online Data ◽  
Competition Analysis ◽  
End Products ◽  
Data Market ◽  
Alternative Approaches ◽  
Definition Of

Market definition is the first step of competition analysis. In practice, relevant markets are mostly defined for the end products and services and it is also the same for current cases concerning Internet-based businesses (IBBs). Data has important influence on the competition of IBBs. However, instead of selling data directly, the IBBs usually use data to produce, improve and innovate products and services. Under such circumstances, there may be no relevant market defined for such data following the conventional market definition methods. This article’s investigation shows that online data play different roles in the competition of IBBs and the conventional competition analysis methods only miss some aspects but not all of them. Alternative approaches including the input market definition and the putative online data market definition proposition fail to solve the problem. What might be of help is to switch focus to improving the relevant market definition methods for products and services which online data are related to and pay more attention to the inner relationship between online data and the Internet-based products and services when identifying which market to define.

Cyclical Market Power

2002 ◽  
Vol 36 (1) ◽  
pp. 103-145
Author(s):  
Amitai Aviram
Keyword(s):  
Market Power ◽  
Market Share ◽  
Product Market ◽  
Common Method ◽  
Market Definition ◽  
Barriers To Entry ◽  
Relevant Market ◽  
Market Conditions ◽  
Definition Of

Market power is not ubiquitous; it is limited to certain products, in certain areas, and to certain times. Understanding the limits of the market power possessed by a firm in a given case is essential to the correct assessment of the firm's behavior and its antitrust implications.The most common method used to identify the scope as well as the strength of a firm's market power is through the definition of relevant markets, calculation of market share and identification of relevant market conditions (e.g., barriers to entry). Correct assessment of suspected market power should relate to all the limits on that power. For that reason, when exploring the possibility that a certain firm possesses market power, a product market definition is of limited use without the support of the relevant geographic market definition.This is also true of temporal restraints on market power. Some firms may be expected to possess market power (within certain product and geographical bounds) continuously, until a substantial and unexpected change in the industry diminishes their market power or changes its boundaries.

3. Market Power, Market Definition, and Barriers to Entry

2019 ◽  
pp. 97-136
Author(s):  
Alison Jones ◽  
Brenda Sufrin ◽  
Niamh Dunne
Keyword(s):  
Market Power ◽  
Sunk Costs ◽  
Market Definition ◽  
Eu Law ◽  
Barriers To Entry ◽  
Structural Barriers ◽  
Relevant Market ◽  
Eu Competition Law ◽  
Barrier To Entry ◽  
Definition Of

Market power is a central concept in EU competition law. This chapter considers what is meant by market power and how it is assessed in EU law using market definition and barriers to entry analysis. It discusses how markets are defined in EU law by looking at demand substitution, supply substitution, and potential competition. It explains that markets may have both a product and a geographic dimension. The chapter examines the Commission Notice on the definition of the relevant market, the decisional practice of the Commission, and the case law of the EU Courts on market definition, and it discusses what tests may be employed in the definition of markets, particularly the SSNIP test. The chapter then considers how the power of a firm on a market is affected by barriers to entry. It discusses the definition of a barrier to entry and considers barriers to entry such as sunk costs, structural barriers, and strategic barriers,

Quantitative Price Tests in Antitrust Market Definition with an Application to the Savory Snacks Markets

2014 ◽  
Vol 12 (1) ◽  
pp. 1-33 ◽  
Author(s):  
Yannis Katsoulacos ◽  
Ioanna Konstantakopoulou ◽  
Eleni Metsiou ◽  
Efthymios Tsionas
Keyword(s):  
Market Structure ◽  
Consumer Welfare ◽  
Market Definition ◽  
Relevant Market ◽  
Monthly Data ◽  
Complete Set ◽  
Definition Of

AbstractIn this paper, we utilize the complete set of quantitative tests at the disposal of economists for delineating antitrust markets. This includes the Small but Significant Increase in Price (SSNIP) test but also a large number of traditional and newer price co-movement tests. We apply these tests to the savory snacks market using Greek bi-monthly data. This market has been subject to many antitrust investigations because of its market structure and its important implications for consumer welfare. However, no dominant view has yet emerged regarding the appropriate definition of the relevant market. Our results indicate that a wide relevant market definition is appropriate.

Understanding the Functions of Jurisdictional Law

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Legal Philosophy ◽  
Law Reform ◽  
The Internet ◽  
Private International Law ◽  
Public International Law ◽  
Important Concept ◽  
Definition Of

This chapter takes us into the domain of legal theory and legal philosophy as it places the questions of Internet jurisdiction in a broader theoretical, and indeed philosophical, context. Indeed, it goes as far as to (1) present a definition of what is law, (2) discuss what are the law’s tools, and (3) to describe the roles of law. In addition, it provides distinctions important for how we understand the role of jurisdictional rules both in private international law and in public international law as traditionally defined. Furthermore, it adds law reform tools by introducing and discussing the concept of ‘market sovereignty’ based on ‘market destroying measures’––an important concept for solving the Internet jurisdiction puzzle.

Excessive Pharmaceutical Pricing as an Abuse of Dominant Position – The Case of CD Pharma (Denmark)

2021 ◽  
Author(s):  
Behrang Kianzad
Keyword(s):  
Public Procurement ◽  
Economic Value ◽  
Pharmaceutical Market ◽  
Market Definition ◽  
Competition Authority ◽  
The European Union ◽  
Pharmaceutical Pricing ◽  
Relevant Market ◽  
Dominant Position ◽  
Abuse Of Dominant Position

Abstract On 31 January 2018, the Danish Competition and Consumer Authority adopted a decision1 finding the Swedish company generic distributor CD Pharma in breach of Art. 102(a) Treaty on the Functioning of the European Union (TFEU) by abusing its dominant position and having imposed excessive and unfair prices for the drug Syntocinon. The company increased the price of the drug by 2000% in the period April-October 2014 in the Danish pharmaceutical market. CD Pharma appealed to the Danish Competition Appeals Board,2 which on 29 November 2018 upheld the decision by the Authority. On subsequent appeal to the Danish Maritime and Commercial Court,3 the judgment by the previous court was upheld in a 3-2 decision on 2 March 2020, thus finding CD Pharma liable for infringement of Danish competition law as well as Art. 102(a) TFEU. The decision is final and not subject to further appeal. The case raises outstanding legal-economic issues regarding excessive pricing such as relevant market definition in pharmaceutical cases, the length of abuse, competitive price benchmarks, definition of economic value and the matter of dominance in public procurement and tenders. The case is rather unusual in that the alleged abusive period amounted to a six-month period, CD Pharma was the ‘losing’ party in the bidding process for the supply of the medicine in question, and CD Pharma subsequently had reduced prices through negotiations with the Danish central medicine procurer, Amgros. Similar to the Aspen Pharma decision4 by the Italian Competition Authority, where the Italian Medicine Agency (AIFA) reported the case to the Competition Authority, it was the Danish medicine procurer Amgros who had notified the Danish Competition and Consumer Authority about allegedly abusive practices. This subsequently led to an investigation and the adoption of the Decision. Following an introduction describing the Danish pharmaceutical market and specifics of the case, section two of this contribution details the proceedings at Danish Competition Authority. Section three depicts the proceedings at Competition Appeals Tribunal, and section four deals with the proceedings at the Maritime and Commercial Court. Section five concludes.

Internet Jurisdiction Law and Practice

2021 ◽  
Author(s):  
Julia Hörnle
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Data Protection ◽  
Hate Speech ◽  
Public Law ◽  
The Internet ◽  
Private Law ◽  
Private International Law ◽  
Online Data ◽  
Media Regulation

Jurisdiction is the foundational concept for both national laws and international law as it provides the link between the sovereign government and its territory, and ultimately its people. The internet challenges this concept at its root: data travels across the internet without respecting political borders or territory. This book is about this Jurisdictional Challenge created by internet technologies. The Jurisdictional Challenge arises as civil disputes, criminal cases, and regulatory action span different countries, rising questions as to the international competence of courts, law enforcement, and regulators. From a technological standpoint, geography is largely irrelevant for online data flows and this raises the question of who governs “YouTubistan.” Services, communication, and interaction occur online between persons who may be located in different countries. Data is stored and processed online in data centres remote from the actual user, with cloud computing provided as a utility. Illegal acts such as hacking, identity theft and fraud, cyberespionage, propagation of terrorist propaganda, hate speech, defamation, revenge porn, and illegal marketplaces (such as Silkroad) may all be remotely targeted at a country, or simply create effects in many countries. Software applications (“apps”) developed by a software developer in one country are seamlessly downloaded by users on their mobile devices worldwide, without regard to applicable consumer protection, data protection, intellectual property, or media law. Therefore, the internet has created multi-facetted and complex challenges for the concept of jurisdiction and conflicts of law. Traditionally, jurisdiction in private law and jurisdiction in public law have belonged to different areas of law, namely private international law and (public) international law. The unique feature of this book is that it explores the notion of jurisdiction in different branches of “the” law. It analyses legislation and jurisprudence to extract how the concept of jurisdiction is applied in internet cases, taking a comparative law approach, focusing on EU, English, German, and US law. This synthesis and comparison of approaches across the board has produced new insights on how we should tackle the Jurisdictional Challenge. The first three chapters explain the Jurisdictional Challenge created by the internet and place this in the context of technology, sovereignty, territory, and media regulation. The following four chapters focus on public law aspects, namely criminal law and data protection jurisdiction. The next five chapters are about private law disputes, including cross-border B2C e-commerce, online privacy and defamation disputes, and internet intellectual property disputes. The final chapter harnesses the insights from the different areas of law examined.

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