CoRe - European Competition and Regulatory Law Review

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Die Suche erzielte 2 Treffer.

Bruce Wardhaugh

European Competition and Regulatory Law Review, Jahrgang 5 (2021), Ausgabe 2, Seite 122 - 131

This article is concerned with regulation of dynamic pricing algorithms under the EU competition regime. We show that the competition rules as presently interpreted fail to inadequately capture the harm to consumer welfare that dynamic pricing algorithms may cause. This creates an enforcement ‘gap’ in a competition regime which purports to protect consumer welfare. We then argue the existing rules need to be slightly reframed, if such algorithmic practices are to be effectively controlled. This reformulation includes regarding coordinated price elevation as a concerted practice which Articles 101 and 102 TFEU can interdict, viewing price elevation in algorithmic markets as a form of tacit collusion and as a breach of dominant undertakings’ special responsibility not to further weaken competition in a market. Our suggestions are consistent with existing Article 101 and 102 TFEU case law and allow for a more effective response to any welfare reducing threat found in algorithmic markets. Keywords: Article 101 TFEU, Article 102 TFEU, algorithms, dynamic pricing, tacit collusion, object/effects, concerted practice

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

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