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Tacit Collusion and the Boundaries of Competition Law: Journal Artikel

The Parallel Case of Common Ownership and Algorithmic Pricing

John Weche, Thomas Weck

European Competition and Regulatory Law Review, Jahrgang 5 (2021), Ausgabe 1, Seite 4 - 10

Tacit collusion gives rise to major practical challenges for the enforcement of competition law. A problem which is well known from the gas station markets, now acquires new topicality with the intervention of institutional investors (‘common ownership’) and the use of online pricing algorithms. This article connects the previous strands of discussion and establishes a link to the discussion regarding a New Competition Tool. Keywords: tacit collusion; algorithms; common ownership; Digital Markets Act; DMA; New Competition Tool; NCT


2nd CoRe Conference Proceedings ∙ Current Issues of Competition Policy in E-Commerce, by Thomas Weck Journal Artikel

Thomas Weck

European Competition and Regulatory Law Review, Jahrgang 3 (2019), Ausgabe 1, Seite VII - XI

E-commerce is characterised by the importance of platform operators, the collection and analysis of large amounts of data as well as the use of algorithms. All these elements of e-commerce give rise to novel questions to competition policy. In Germany, a new discussion has emerged about whether legislature should amend the Competition Act further with regard to online platforms. Dealing with the distribution via platforms and issues related to data remain the realm of the competition agencies and the courts at this stage. As concerns algorithms, it is still unclear whether intervention is necessary at all. Here, it is imperative to gain a better understanding of the relevant facts.

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