Personalized pricing can have negative or positive effects for consumers. Concerns are more likely to arise in circumstances where there is limited competition, or where consumers are unaware of, do not understand, and/or cannot avoid personalization. In some circumstances, personalization may be unfair or otherwise illegal under the Consumer Protection from Unfair Trading Regulations 2008 or other legislation. It may also distort competition and give rise to consumer harm and thereby infringe UK or EU competition law, or cause markets to not work effectively and therefore justify a market study or investigation by the Competition and Markets Authority (‘CMA’) under the Enterprise Act 2002. This article considers how the CMA will tackle personalized pricing that may distort competition in digital markets.
{"title":"Personalized pricing in the digital era","authors":"Alex Schofield","doi":"10.4337/CLJ.2019.01.05","DOIUrl":"https://doi.org/10.4337/CLJ.2019.01.05","url":null,"abstract":"Personalized pricing can have negative or positive effects for consumers. Concerns are more likely to arise in circumstances where there is limited competition, or where consumers are unaware of, do not understand, and/or cannot avoid personalization. In some circumstances, personalization may be unfair or otherwise illegal under the Consumer Protection from Unfair Trading Regulations 2008 or other legislation. It may also distort competition and give rise to consumer harm and thereby infringe UK or EU competition law, or cause markets to not work effectively and therefore justify a market study or investigation by the Competition and Markets Authority (‘CMA’) under the Enterprise Act 2002. This article considers how the CMA will tackle personalized pricing that may distort competition in digital markets.","PeriodicalId":36415,"journal":{"name":"Competition Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4337/CLJ.2019.01.05","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45888892","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The status of legal advice provided by lawyers being protected by privilege in EU competition investigations has been the subject of much legal scrutiny in the past two decades. This article provides a recap of the current legal position in EU law, analyses how that position might change for UK qualified lawyers post-Brexit and also considers the position of advice provided by EEA qualified lawyers in English proceedings post-Brexit.
{"title":"Legal privilege in EU competition law and the potential implications of Brexit","authors":"C. Owen","doi":"10.4337/clj.2018.02.05","DOIUrl":"https://doi.org/10.4337/clj.2018.02.05","url":null,"abstract":"The status of legal advice provided by lawyers being protected by privilege in EU competition investigations has been the subject of much legal scrutiny in the past two decades. This article provides a recap of the current legal position in EU law, analyses how that position might change for UK qualified lawyers post-Brexit and also considers the position of advice provided by EEA qualified lawyers in English proceedings post-Brexit.","PeriodicalId":36415,"journal":{"name":"Competition Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42692765","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Book review: David Ashton, Competition Damages Actions in the EU: Law and Practice (2nd Edition, Edward Elgar Publishing, Cheltenham 2018, 544 pp.)","authors":"M. O’Regan","doi":"10.4337/CLJ.2018.02.08","DOIUrl":"https://doi.org/10.4337/CLJ.2018.02.08","url":null,"abstract":"","PeriodicalId":36415,"journal":{"name":"Competition Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41637951","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
M. Harris, M. Duarte, Colin Raftery, Alistair Thompson, Michael Jewell
This article (which is based on a Competition and Markets Authority submission to an OECD Roundtable on the Extraterritorial Reach of Competition Remedies) considers the role of extraterritorial remedies in UK merger control. The UK Courts have confirmed that the CMA is able to extend its jurisdiction in relation to remedies over conduct outside the UK in certain defined circumstances. This supports the CMA's ability to protect UK consumers in a globalized economy. Notwithstanding these powers, the CMA may take the additional risks that can arise around the implementation of extraterritorial remedies into account, where relevant, when designing remedies. In the CMA's experience, the challenges involved in designing and implementing extraterritorial remedies can best be addressed by close co-operation between different jurisdictions’ competition authorities.
{"title":"Extraterritorial reach of competition remedies","authors":"M. Harris, M. Duarte, Colin Raftery, Alistair Thompson, Michael Jewell","doi":"10.4337/clj.2018.02.06","DOIUrl":"https://doi.org/10.4337/clj.2018.02.06","url":null,"abstract":"This article (which is based on a Competition and Markets Authority submission to an OECD Roundtable on the Extraterritorial Reach of Competition Remedies) considers the role of extraterritorial remedies in UK merger control. The UK Courts have confirmed that the CMA is able to extend its jurisdiction in relation to remedies over conduct outside the UK in certain defined circumstances. This supports the CMA's ability to protect UK consumers in a globalized economy. Notwithstanding these powers, the CMA may take the additional risks that can arise around the implementation of extraterritorial remedies into account, where relevant, when designing remedies. In the CMA's experience, the challenges involved in designing and implementing extraterritorial remedies can best be addressed by close co-operation between different jurisdictions’ competition authorities.","PeriodicalId":36415,"journal":{"name":"Competition Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41513635","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The UK Government has recently published a White Paper proposing the creation of a new foreign investment regime, under which the Government would have powers to review a very broad range of transactions if they give rise to a national security risk. This article reviews the key provisions of the Government's proposal and also highlights the broader global context, with a number of other countries also expanding their own foreign investment regimes.
{"title":"The UK's proposed foreign direct investment regime: the tide is turning","authors":"Veronica Roberts","doi":"10.4337/CLJ.2018.02.03","DOIUrl":"https://doi.org/10.4337/CLJ.2018.02.03","url":null,"abstract":"The UK Government has recently published a White Paper proposing the creation of a new foreign investment regime, under which the Government would have powers to review a very broad range of transactions if they give rise to a national security risk. This article reviews the key provisions of the Government's proposal and also highlights the broader global context, with a number of other countries also expanding their own foreign investment regimes.","PeriodicalId":36415,"journal":{"name":"Competition Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42365145","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In recent years, there have been major changes in economic theory from the development of behavioural economics, notably from Nobel prize for Economics winner Professor Richard Thaler. This article considers the role that behavioural economics could play in building a litigant's case in competition litigation in the High Court and of the Competition Appeal Tribunal.
{"title":"The role of behavioural economics in competition litigation","authors":"Dame Vivien Rose","doi":"10.4337/clj.2018.02.01","DOIUrl":"https://doi.org/10.4337/clj.2018.02.01","url":null,"abstract":"In recent years, there have been major changes in economic theory from the development of behavioural economics, notably from Nobel prize for Economics winner Professor Richard Thaler. This article considers the role that behavioural economics could play in building a litigant's case in competition litigation in the High Court and of the Competition Appeal Tribunal.","PeriodicalId":36415,"journal":{"name":"Competition Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48923116","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In most jurisdictions, the parties to a merger are not allowed to implement the transaction prior to receiving clearance from the relevant competition authority. Competition authorities have become increasingly vigilant about enforcing this standstill obligation. Recent high profile cases involving record fines provide some insight into which activities may be regarded as impermissible ‘gun jumping’ and which measures are permitted in preparing to implement a merger. This article analyses the European Commission's decision in Altice and the Court of Justice's judgment in Ernst & Young and draws conclusions, in particular, on the implications for information exchange between merging parties and the identification of ‘ordinary business’, which must remain unaffected until closing of a prospective concentration.
{"title":"Jumping the gun: lessons learnt from recent EU cases","authors":"Merit Olthoff, Corinne Ruechardt","doi":"10.4337/CLJ.2018.02.04","DOIUrl":"https://doi.org/10.4337/CLJ.2018.02.04","url":null,"abstract":"In most jurisdictions, the parties to a merger are not allowed to implement the transaction prior to receiving clearance from the relevant competition authority. Competition authorities have become increasingly vigilant about enforcing this standstill obligation. Recent high profile cases involving record fines provide some insight into which activities may be regarded as impermissible ‘gun jumping’ and which measures are permitted in preparing to implement a merger. This article analyses the European Commission's decision in Altice and the Court of Justice's judgment in Ernst & Young and draws conclusions, in particular, on the implications for information exchange between merging parties and the identification of ‘ordinary business’, which must remain unaffected until closing of a prospective concentration.","PeriodicalId":36415,"journal":{"name":"Competition Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49053392","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Are mergers good for innovation or do they hinder it? Finding a balance between protecting competition in innovation and allowing consolidation in markets where efficiencies might be generated has proven one of the biggest challenges of merger control in recent years. Although economic literature provides helpful pointers in striking that balance, it does not provide a general unambiguous framework. Competition authorities consider both aspects and may seem to have adopted different approaches to this issue in traditional markets (e.g. pharmaceuticals and pesticides) compared to digital markets. While the debate is still ongoing, this article summarizes the theoretical framework from the economic literature and how it has been applied in real recent cases by competition authorities.
{"title":"The impact of mergers on innovation in EU merger control","authors":"Pascale Déchamps, Ilaria Fanton","doi":"10.4337/clj.2018.02.07","DOIUrl":"https://doi.org/10.4337/clj.2018.02.07","url":null,"abstract":"Are mergers good for innovation or do they hinder it? Finding a balance between protecting competition in innovation and allowing consolidation in markets where efficiencies might be generated has proven one of the biggest challenges of merger control in recent years. Although economic literature provides helpful pointers in striking that balance, it does not provide a general unambiguous framework. Competition authorities consider both aspects and may seem to have adopted different approaches to this issue in traditional markets (e.g. pharmaceuticals and pesticides) compared to digital markets. While the debate is still ongoing, this article summarizes the theoretical framework from the economic literature and how it has been applied in real recent cases by competition authorities.","PeriodicalId":36415,"journal":{"name":"Competition Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45841945","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
An interesting feature of the Competition Act 1998 (the ‘CA 1998’) is the concurrency regime: the UK's sectoral regulators are given concurrent powers with the Competition and Markets Authority (‘CMA’) to enforce the Chapter I and Chapter II prohibitions and Articles 101 and 102 TFEU. This article explores the ‘enhanced concurrency regime’ that has applied since the entry into force of the Enterprise and Regulatory Reform Act 2013 and considers the main points outlined in the CMA's 2018 Concurrency Report and competition enforcement activity by the CMA and sectoral regulators in regulated sectors. It concludes with some thoughts on how concurrency may function in a post-Brexit world.
{"title":"The United Kingdom's ‘enhanced concurrency regime’","authors":"Richard Whish","doi":"10.4337/CLJ.2018.02.02","DOIUrl":"https://doi.org/10.4337/CLJ.2018.02.02","url":null,"abstract":"An interesting feature of the Competition Act 1998 (the ‘CA 1998’) is the concurrency regime: the UK's sectoral regulators are given concurrent powers with the Competition and Markets Authority (‘CMA’) to enforce the Chapter I and Chapter II prohibitions and Articles 101 and 102 TFEU. This article explores the ‘enhanced concurrency regime’ that has applied since the entry into force of the Enterprise and Regulatory Reform Act 2013 and considers the main points outlined in the CMA's 2018 Concurrency Report and competition enforcement activity by the CMA and sectoral regulators in regulated sectors. It concludes with some thoughts on how concurrency may function in a post-Brexit world.","PeriodicalId":36415,"journal":{"name":"Competition Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42885847","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Book review: Alistair Lindsay and Alison Berridge, The EU Merger Regulation: Substantive Issues (5th Edition, Sweet & Maxwell, London 2017)","authors":"M. Herron","doi":"10.4337/CLJ.2018.01.07","DOIUrl":"https://doi.org/10.4337/CLJ.2018.01.07","url":null,"abstract":"","PeriodicalId":36415,"journal":{"name":"Competition Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41435655","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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