While business users face difficulties accessing and porting data on platforms, the Digital Markets Act has been hailed as the legislative tool enabling business users access and transfer the data they have generated on platforms controlled by gatekeepers. The tool provided by the Digital Markets Act is discussed in this article and the author argue that business users should have a more elaborated right to first access the data they produce on platforms and in ecosystems, and secondly transfer such data from platform to platform, cloud to cloud, thing to thing or in-house. A right to access and transfer data could have several benefits; it benefits dissemination of data, creativity and innovation in connected markets and it promotes competition between platforms, clouds and ecosystem providers. Creativity will be enhanced because necessary data—being the raw material for new innovations—will be more broadly disbursed. It will also benefit consumers having a disbursed and disseminated data commons for the development of ideas, innovations, and the exchange of knowledge.
{"title":"An access and transfer right to data—from a competition law perspective","authors":"B. Lundqvist","doi":"10.1093/jaenfo/jnac017","DOIUrl":"https://doi.org/10.1093/jaenfo/jnac017","url":null,"abstract":"\u0000 While business users face difficulties accessing and porting data on platforms, the Digital Markets Act has been hailed as the legislative tool enabling business users access and transfer the data they have generated on platforms controlled by gatekeepers. The tool provided by the Digital Markets Act is discussed in this article and the author argue that business users should have a more elaborated right to first access the data they produce on platforms and in ecosystems, and secondly transfer such data from platform to platform, cloud to cloud, thing to thing or in-house. A right to access and transfer data could have several benefits; it benefits dissemination of data, creativity and innovation in connected markets and it promotes competition between platforms, clouds and ecosystem providers. Creativity will be enhanced because necessary data—being the raw material for new innovations—will be more broadly disbursed. It will also benefit consumers having a disbursed and disseminated data commons for the development of ideas, innovations, and the exchange of knowledge.","PeriodicalId":42471,"journal":{"name":"Journal of Antitrust Enforcement","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42734047","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":"The ACM’s Apple decision: to boldly go where no enforcer has gone before","authors":"Friso Bostoen","doi":"10.1093/jaenfo/jnac024","DOIUrl":"https://doi.org/10.1093/jaenfo/jnac024","url":null,"abstract":"","PeriodicalId":42471,"journal":{"name":"Journal of Antitrust Enforcement","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46722669","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, many have wondered about the application of antitrust law in labour markets. This article analyses both the theoretical premises that justify such intervention and the ways in which it should occur. In this respect, the article takes steps from the economic literature on monopsony in the attempt to ensure that the logic that antitrust scholars customarily carry out in relation output markets applies in relation to labour markets as well.
{"title":"The Application of Competition Law to Labour Markets: Some Unresolved Issues","authors":"Mariateresa Maggiolino","doi":"10.1093/jaenfo/jnac021","DOIUrl":"https://doi.org/10.1093/jaenfo/jnac021","url":null,"abstract":"\u0000 In recent years, many have wondered about the application of antitrust law in labour markets. This article analyses both the theoretical premises that justify such intervention and the ways in which it should occur. In this respect, the article takes steps from the economic literature on monopsony in the attempt to ensure that the logic that antitrust scholars customarily carry out in relation output markets applies in relation to labour markets as well.","PeriodicalId":42471,"journal":{"name":"Journal of Antitrust Enforcement","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45181552","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 pursuit of the consumer welfare goal has not achieved competitive markets but instead resulted in highly concentrated markets in the digital economy with one or two market leaders. Markets that should be dynamic and innovative are controlled by powerful online platforms that thwart innovation and eliminate potential rivals through killer acquisitions. This article argues that safeguarding innovation and in particular disruptive innovation should play a much more explicit part in the European Commission’s merger control especially in digital economy markets, where innovation is key to a healthy dynamic market. This could be achieved by adopting a stricter merger review process that places emphasis on whether innovation and potential competitors are negatively affected by the merger also in the long-run. The article argues that to achieve this a move away from the traditional price-based focus in merger reviews in line with the consumer welfare framework is required towards a structural approach that considers the impact on the market in the long-run and the dynamic aspects of the mergers under review, but this will occasionally require the Commission to say ‘no’ to mergers. The result however, would be the safeguarding of innovation, the key to a healthy economy in the EU.
{"title":"Merger regulation in the digital economy and the forgotten goal of innovation","authors":"H. Schmidt","doi":"10.1093/jaenfo/jnac018","DOIUrl":"https://doi.org/10.1093/jaenfo/jnac018","url":null,"abstract":"\u0000 The pursuit of the consumer welfare goal has not achieved competitive markets but instead resulted in highly concentrated markets in the digital economy with one or two market leaders. Markets that should be dynamic and innovative are controlled by powerful online platforms that thwart innovation and eliminate potential rivals through killer acquisitions. This article argues that safeguarding innovation and in particular disruptive innovation should play a much more explicit part in the European Commission’s merger control especially in digital economy markets, where innovation is key to a healthy dynamic market. This could be achieved by adopting a stricter merger review process that places emphasis on whether innovation and potential competitors are negatively affected by the merger also in the long-run. The article argues that to achieve this a move away from the traditional price-based focus in merger reviews in line with the consumer welfare framework is required towards a structural approach that considers the impact on the market in the long-run and the dynamic aspects of the mergers under review, but this will occasionally require the Commission to say ‘no’ to mergers. The result however, would be the safeguarding of innovation, the key to a healthy economy in the EU.","PeriodicalId":42471,"journal":{"name":"Journal of Antitrust Enforcement","volume":"81 12","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41311614","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 first democratic government of South Africa prioritized the transformation of society on a non-racial, democratic, and local foundation. The expectation was that all law in South Africa would contribute to, amongst other things, economic transformation and redress the imbalances created by past racial divisions, and more important foster the participation of the previously marginalized people to participate in the mainstream economy. The Competition Act is part of this fabric. In the twenty years that have passed, South Africa has become a leader in the developing world. This article provides a critical review of how competition law has pursued black empowerment with a particular focus on current challenges and opportunities.
{"title":"Competition policy and black empowerment: South Africa’s path to inclusion","authors":"L. Mncube, Hardin Ratshisusu","doi":"10.1093/jaenfo/jnac015","DOIUrl":"https://doi.org/10.1093/jaenfo/jnac015","url":null,"abstract":"\u0000 The first democratic government of South Africa prioritized the transformation of society on a non-racial, democratic, and local foundation. The expectation was that all law in South Africa would contribute to, amongst other things, economic transformation and redress the imbalances created by past racial divisions, and more important foster the participation of the previously marginalized people to participate in the mainstream economy. The Competition Act is part of this fabric. In the twenty years that have passed, South Africa has become a leader in the developing world. This article provides a critical review of how competition law has pursued black empowerment with a particular focus on current challenges and opportunities.","PeriodicalId":42471,"journal":{"name":"Journal of Antitrust Enforcement","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47524472","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}
Critical loss analysis is an empirical tool used to define relevant markets in antitrust law. The existence of two different critical loss methodologies, however, complicates its application. Harris and Simons introduced the first approach, which focused on evaluating the market-level effect of a small, but significant and non-transitory increase in price (‘SSNIP’). Later, O’Brien and Wickelgren, along with Katz and Shapiro, introduced a firm-level approach to critical loss to derive a test that applies mathematical models of demand systems, foundationally based on a single-firm SSNIP, to proxy for a market-level price increase. A critical loss controversy evolved as the two tests can, but do not necessarily, generate different relevant markets. This article examines the choice between the two methods, reviews recent court decisions, and guides practitioners and courts as to when each approach makes the most sense.
{"title":"Critical Loss in Market Definition: Methods and Court Decisions","authors":"M. Coate, Shawn W. Ulrick, John M. Yun","doi":"10.1093/jaenfo/jnac014","DOIUrl":"https://doi.org/10.1093/jaenfo/jnac014","url":null,"abstract":"\u0000 Critical loss analysis is an empirical tool used to define relevant markets in antitrust law. The existence of two different critical loss methodologies, however, complicates its application. Harris and Simons introduced the first approach, which focused on evaluating the market-level effect of a small, but significant and non-transitory increase in price (‘SSNIP’). Later, O’Brien and Wickelgren, along with Katz and Shapiro, introduced a firm-level approach to critical loss to derive a test that applies mathematical models of demand systems, foundationally based on a single-firm SSNIP, to proxy for a market-level price increase. A critical loss controversy evolved as the two tests can, but do not necessarily, generate different relevant markets. This article examines the choice between the two methods, reviews recent court decisions, and guides practitioners and courts as to when each approach makes the most sense.","PeriodicalId":42471,"journal":{"name":"Journal of Antitrust Enforcement","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47817432","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":"China’s antitrust action against Alibaba","authors":"","doi":"10.1093/jaenfo/jnac002","DOIUrl":"https://doi.org/10.1093/jaenfo/jnac002","url":null,"abstract":"","PeriodicalId":42471,"journal":{"name":"Journal of Antitrust Enforcement","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46448623","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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