The Oligopoly Problem in EU Competition Law

in GERADIN, D.; LIANNOS, I. (Eds.) Research Handbook in European Competition Law (2013)

This paper offers a complete overview of the oligopoly problem in competition law and economics, with a specific focus on European Union (EU) law. A related purpose of the paper is to challenge the ... [more ▼]

This paper offers a complete overview of the oligopoly problem in competition law and economics, with a specific focus on European Union (EU) law. A related purpose of the paper is to challenge the dominant view that merger control is the ultimate preventive remedy against tacit collusion. On close analysis, the merger-only enforcement paradigm against tacit collusion generates a systemic risk of type II errors. Part of this enforcement gap may, however, be alleviated through a more muscular enforcement of the rules on coordinated conduct (i.e. Article 101 TFEU) and on unilateral conduct (i.e. Article 102 TFEU). In this later respect, the paper formulates a possible theory of harm that would entitle agencies and courts to apply Article 102 TFEU to specific types of conduct by oligopolists. The concept of abuse of collective dominance may in particular be applied to the artificial tactics which oligopolists adopt to protect an observed collusive equilibrium from the natural, disruptive effect caused by an external shock (entry, natural disaster, change in tax rate, etc.). In this sense, the paper is different from other scholarly proposals that recommend applying rules on unilateral conduct to excessive oligopoly prices and/or facilitating practices. [less ▲]

Ethique et conflits d'intérêts en droit européen de la concurrence

in Concurrences : Revue des Droits de la Concurrence (2013), (1),

The debate over the compatibility of EU competition enforcement with Article 6 ECHR is far from over. Whilst there has been a great - some would say excessive - deal of papers on due process issues, less ... [more ▼]

The debate over the compatibility of EU competition enforcement with Article 6 ECHR is far from over. Whilst there has been a great - some would say excessive - deal of papers on due process issues, less, if none attention has been paid to the rules and remedies that govern conflicts of interests amongst lawyers, civil servants, legal secretaries and Members of the Court. This short paper seeks to open the discussion on this issue. [less ▲]

NEW CHALLENGES FOR 21ST CENTURY COMPETITION AUTHORITIES

E-print/Working paper (2012)

This paper discusses challenges for competition authorities in the 21st century. Those challenges were identified on the basis of a statistical review of the articles published since January 2011 in five ... [more ▼]

This paper discusses challenges for competition authorities in the 21st century. Those challenges were identified on the basis of a statistical review of the articles published since January 2011 in five major antitrust law journals. The assumption underlying this literature review is that the topics that statistically attract the most the attention from contemporary antitrust scholars are those that will likely constitute the main challenges for 21st century competition authorities. [less ▲]

L'Europe change nos vies

Article for general public (2012)

Europe weighs Antitrust Case aigainst Google, urging search changes

Article for general public (2012)

Google may have abused its dominant position in Internet search by promoting its own businesses at the expense of competitors, the European Commission said. It warned the company to propose chnages 'in a ... [more ▼]

Google may have abused its dominant position in Internet search by promoting its own businesses at the expense of competitors, the European Commission said. It warned the company to propose chnages 'in a matter of weeks" to its method of answering user search queries, or possibly face antitrust lawsuit. [less ▲]

US Antitrust Move has Google fighting on Two Fronts

Article for general public (2012)

Google may soon be fighting antitrust battle on two fronts. The European Commission has been looking for two years into wether the search giant abused local competition law. Now the Federal Trade ... [more ▼]

Google may soon be fighting antitrust battle on two fronts. The European Commission has been looking for two years into wether the search giant abused local competition law. Now the Federal Trade Commission is starting its own antitrust inquiry. [less ▲]

A Quick Look into the past, present and future of competition Enforcement in the Pharmaceutical Sector

Conference given outside the academic context (2012)

EU Competition Law and Economics

Book published by Oxford University Press (2012)

Excessive Pricing: The Flaws of ‘Tea Party Competition’ Policy

in Journal of European Competition Law and Practice (2011), 2(6), 519-520

Since the adoption of the Guidance Communication in 2009, the Commission has kept exploitative abuses— and in particular excessive pricing cases—in a state of artificial hibernation, and focused on ... [more ▼]

Since the adoption of the Guidance Communication in 2009, the Commission has kept exploitative abuses— and in particular excessive pricing cases—in a state of artificial hibernation, and focused on exclusionary cases as a matter of enforcement priority. The Commission’s small antitrust policy against exploitative abuses is predicated on ‘Tea Party’ competition economics: in the long term, high prices are presumed to deliver efficient outcomes, and competition enforcers risk doing more harm than good in trying to improve market outcomes [less ▲]

Arrêt Tele 2 Polska: une interprétation contestable de la compétence des autorités nationales de concurrence

in Journal de Droit Européen [=JDE] (2011), (182), 242-245

En se fondant sur une lecture littéralement et téléologiquement discutable du Règlement 1/2003 pour conclure que seule la Commission, à l'exclusion des autorités nationales de concurrence, est compétente ... [more ▼]

En se fondant sur une lecture littéralement et téléologiquement discutable du Règlement 1/2003 pour conclure que seule la Commission, à l'exclusion des autorités nationales de concurrence, est compétente pour constater l'absence d'une pratique abusive, la Cour omet de tenir compte des implications pratiques de la limitation qu'elle impose aux compétences des ANC. [less ▲]