Search bias as an abuse of dominance

2020 ◽  
pp. 213-249
2019 ◽  
Vol 1 (1) ◽  
pp. 111-143
Author(s):  
Beata Mäihäniemi

Competition investigations in digital markets focus increasingly on future markets, and incentives to invest and innovate play here a larger role than in traditional "brick and mortar" industries. the article analyses the role of innovation in cases of abuse of dominance in digital markets on two levels. The first level involves the strength of incentives to invest and innovate of a digital monopolist - would he have less or more incentives to innovate and prefer to resort to practices that foreclose his competitors or leverage his market power to adjacent markets to keep its dominant position on the market? The second level identifies concrete phases of the competition analysis in which innovation considerations are contemplated in digital markets, such as objective justifications or assessing the effect of the practice on consumer welfare. Toe analysis of the role of innovation in the assessment of alleged anticompetitive abuses is conducted on the example of two concerns expressed by the EC in recent investigations into practices of Google Search, namely (1) search bias and (2) restrictions on portability of advertising data to competing advertising platforms.


2018 ◽  
Vol 30 (2) ◽  
pp. 77-94
Author(s):  
Hwee Cheng Tan ◽  
Ken T. Trotman

ABSTRACT We investigate the effect of regulatory requirements on impairment decisions and managers' search for and evaluation of impairment information. We manipulate reversibility of impairment losses (“can be reversed” versus “cannot be reversed”) and transparency in disclosures of impairment assumptions (more transparent versus less transparent) in a 2 × 2 experiment. We find that managers are more willing to impair when impairment losses can be reversed than when they cannot be reversed, but this effect does not vary with disclosure transparency. We also find that managers display information search bias in all four experimental conditions, however, regulatory requirements do not result in differences in the level of information search bias across the conditions. In contrast, regulatory requirements affect the differences in the level of information evaluation bias across conditions. We find that when impairment losses cannot be reversed, information evaluation bias is higher when disclosures are more transparent than less transparent. JEL Classification: M40; M41.


2021 ◽  
pp. 0003603X2199702
Author(s):  
Anne C. Witt

In a high-profile decision of February 6, 2019, the German Federal Cartel Office prohibited Facebook’s data collection policy as an abuse of dominance for infringing its users’ constitutional right to privacy. The case triggered a remarkable interinstitutional dispute between the key players in German competition law. Conflicting rulings by the Düsseldorf Higher Regional Court and the German Federal Court of Justice further illustrate how deeply divided the antitrust community is on the role of competition law in regulating excessive data collection and other novel types of harm caused by dominant digital platforms. This contribution discusses the original prohibition decision, the ensuing court orders, and legislative reform proposals in the broader context of European Union and U.S. competition law.


2015 ◽  
Vol 36 (10) ◽  
pp. 1250-1251
Author(s):  
Fikri Abu-Zidan ◽  
Farah Mansuri

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