Tacit Collusion and the Boundaries of Competition Law: journal article The Parallel Case of Common Ownership and Algorithmic Pricing John Weche, Thomas Weck European Competition and Regulatory Law Review, Volume 5 (2021), Issue 1, Page 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
The Digital Markets Act: journal article Improving Its Institutional Design Giorgio Monti European Competition and Regulatory Law Review, Volume 5 (2021), Issue 2, Page 90 - 101 The Digital Markets Act (DMA) is a major policy initiative to regulate platform gatekeepers in a more systematic manner than under competition law. This paper reflects on the institutional set-up in the Commission proposal. While the DMA is well-designed, this paper recommends improvement in the following aspects: (i) matching the DMA’s objectives with obligations imposed on gatekeepers; (ii) facilitating a regulatory dialogue; (iii) streamlining the enforcement pyramid; (iv) emphasising the role of private enforcement; (iv) clarifying the role of competition law when the DMA applies. Keywords: Digital Markets Act, DMA, responsive regulation, private enforcement
Implementation of the ECN+ Directive ∙ Austria: A Missed Opportunity for Fundamental Rights, but (Finally) Changes to the Merger Thresholds journal article Heinrich Kühnert, Elisabeth König European Competition and Regulatory Law Review, Volume 5 (2021), Issue 3, Page 216 - 220
Theories of Harm in the Implementation of the Foreign Subsidies Regulation Adina Claici, Peter Davis, Gerhard Dijkstra