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The centralised sale of football media rights in Europe 欧洲足球媒体版权的集中销售
Q2 Social Sciences Pub Date : 2021-09-06 DOI: 10.1080/17441056.2023.2205650
C.-Philipp Heller, Slobodan Sudaric, Anne-Christin Winkler
ABSTRACT We analyse the competitive effects of the centralised sale of football media rights in Europe, focusing on the “Big Five” countries (England, France, Germany, Italy, Spain). Contrary to the findings of European competition authorities, we consider that there are arguments in favour of the relevant market for domestic media rights being club- or even match-specific. This raises the question of what competition is restricted by the centralised sale if the rights on offer have limited or no substitutability. We conclude that the centralised sale of media rights is unlikely to be anticompetitive and may have procompetitive effects if the media rights of different clubs are complementary instead of substitutable. In addition, there may be efficiency gains from the bundling of media rights. Under a club or match-specific market definition, a no-single-buyer rule likely reduces the benefits from the centralised sale and may harm consumers.
摘要:我们分析了欧洲足球媒体版权集中出售的竞争效应,重点关注“五大”国家(英格兰、法国、德国、意大利、西班牙)。与欧洲竞争主管部门的调查结果相反,我们认为有人支持国内媒体权利的相关市场是俱乐部的,甚至是比赛专用的。这就提出了一个问题,即如果所提供的权利具有有限或不可替代性,集中销售会限制什么样的竞争。我们得出的结论是,集中出售媒体权利不太可能是反竞争的,如果不同俱乐部的媒体权利是互补的而不是可替代的,那么可能会产生促进竞争的效果。此外,捆绑媒体权利可能会提高效率。根据俱乐部或比赛的特定市场定义,无单一买家规则可能会减少集中销售的好处,并可能损害消费者。
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引用次数: 0
The two sides of platform collusion 双方平台串通
Q2 Social Sciences Pub Date : 2021-09-02 DOI: 10.1080/17441056.2021.1984011
Alexandre Carbonnel
ABSTRACT The recent case in the meal vouchers market in France has put collusion in two-sided markets in the spotlight. This paper discusses the key insights from the recent literature with respect to the consequences of collusion on prices and consumer surplus. I explain why focusing exclusively on prices is misleading in the case of two-sided markets and why a broader assessment also accounting for the impact of collusion on externalities is required. Furthermore, collusion does not necessarily harm all users, which justifies a case-by-case approach. Finally, I provide a concrete example of the assessment of collusion in two-sided markets using the example of the meal vouchers market and show that the insights from the current literature do not apply in this instance. This demonstrates the role that the characteristics of the market under investigation play with respect to the conclusions that may be drawn from collusion in two-sided markets.
最近发生在法国餐饮券市场的案件,将双边市场的勾结置于聚光灯下。本文讨论了最近文献中关于合谋对价格和消费者剩余的影响的关键见解。我解释了为什么只关注价格在双边市场中具有误导性,以及为什么需要更广泛的评估,也考虑到共谋对外部性的影响。此外,共谋并不一定会损害所有用户,这证明了具体情况具体分析的合理性。最后,我以餐券市场为例,提供了一个评估双边市场中串通的具体例子,并表明当前文献的见解并不适用于这种情况。这证明了被调查市场的特征对从双边市场的共谋中可能得出的结论所起的作用。
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引用次数: 0
The game behind the game: UEFA's Financial Fair Play Regulations and the need to field a substitute 比赛背后的游戏:欧足联的财政公平竞赛规则和替补出场的需要
Q2 Social Sciences Pub Date : 2021-06-21 DOI: 10.1080/17441056.2021.1935570
Jesse Kalashyan
ABSTRACT European soccer clubs tend to spend beyond their revenues, causing disruptions in their finances. To minimize these disruptions, UEFA enacted the Financial Fair Play Regulations (FFP). FFP achieves its objectives through the “break-even” requirement, which prohibits clubs from spending beyond their revenues. This article argues that FFP violates Articles 101 and 102 TFEU. While there has been scholarly interest in FFP’s incompatibility with competition law, the focus has been on Article 101. In addition to contributing to the scholarship on FFP’s violation of Article 101, this article presents arguments on how FFP violates Article 102. This article then explores UEFA’s interactions with European regulators as a backdrop for explaining why regulators have failed to address FFP’s violation of Articles 101 and 102. This article concludes by arguing that a change to FFP is imminent and suggests a novel method through which UEFA can maintain FFP’s objectives while complying with competition law.
欧洲足球俱乐部往往入不敷出,造成财政混乱。为了尽量减少这些干扰,欧足联制定了财政公平竞争条例(FFP)。FFP通过“收支平衡”的要求来实现其目标,这一要求禁止俱乐部的支出超过收入。本文认为FFP违反了TFEU第101条和第102条。虽然学术界对FFP与竞争法的不相容感兴趣,但焦点一直集中在第101条上。除了对FFP违反第101条做出贡献外,本文还对FFP如何违反第102条提出了争论。然后,本文探讨了欧足联与欧洲监管机构的互动,作为解释监管机构未能解决FFP违反第101条和第102条的背景。本文的结论是,对FFP的改变迫在眉睫,并提出了一种新的方法,通过这种方法,欧足联可以在遵守竞争法的同时保持FFP的目标。
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引用次数: 1
The challenges of personalized pricing to competition and personal data protection law 个性化定价对竞争和个人数据保护法的挑战
Q2 Social Sciences Pub Date : 2021-06-14 DOI: 10.1080/17441056.2021.1936400
C. Hutchinson, D. Treščáková
ABSTRACT The development of smart electronic devices are enabling online businesses to collect any data related to the consumer's online activity. Such an extensive trove of consumer personal data can be used for “personalized pricing”. We have evaluated the challenges this form of price discrimination creates for competition and found that in jurisdictions such as the EU which prosecute exploitative abuses, the probability that personalized pricing might be assessed as an abuse of dominant position is high. Another issue raised by the collection and the processing of data for personalized pricing purposes is the growing invasion of privacy. In the EU, the General Data Protection Regulation foresees that personal data cannot be used without the consent of the consumer. As for online businesses processing personal data, they’d better stick to the provisions of the GDPR aiming to ensure greater transparency, if they are to avoid any risk of infringement of privacy law.
摘要智能电子设备的发展使在线企业能够收集与消费者在线活动相关的任何数据。如此丰富的消费者个人数据可以用于“个性化定价”。我们评估了这种形式的价格歧视给竞争带来的挑战,发现在欧盟等起诉剥削性虐待行为的司法管辖区,个性化定价被评估为滥用主导地位的可能性很高。为个性化定价目的收集和处理数据引发的另一个问题是对隐私的日益侵犯。在欧盟,《通用数据保护条例》规定,未经消费者同意,不得使用个人数据。至于处理个人数据的在线企业,如果要避免任何侵犯隐私法的风险,他们最好遵守GDPR旨在确保更大透明度的规定。
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引用次数: 1
A closer look on the effectiveness of the EU legal framework for excessive pricing during the COVID-19 crisis 深入审视欧盟在新冠肺炎危机期间定价过高的法律框架的有效性
Q2 Social Sciences Pub Date : 2021-06-06 DOI: 10.1080/17441056.2021.1936398
Bahriye Basaran
ABSTRACT The unanticipated global mass panic that has arisen as a result of the rapid spread of the COVID-19 has had a major impact on the functioning of many markets. Many competition authorities around the world have faced with excessive pricing practices due to the dramatic price hikes of essential items, ranging from personal and medical equipment to basic food products particularly at the onset of the pandemic. The crisis has not been just about pricing, whether the public or the state is willing to pay for certain products or not; at the heart of the problem, there has been a sudden sharp asymmetry between the supply and demand. Based on this asymmetry, this article, by acknowledging that Article 102 (a) fails to deliver a swift and efficient response to this crisis due to conceptual and practical difficulties in its application, addresses other ways that competition authorities and governments use to deal with the virus-profiteers.
摘要新冠肺炎的迅速蔓延引发了意想不到的全球大规模恐慌,对许多市场的运行产生了重大影响。由于从个人和医疗设备到基本食品等必需品的价格大幅上涨,特别是在疫情爆发时,世界各地的许多竞争主管部门都面临着过度定价的问题。这场危机不仅仅是定价问题,无论公众或国家是否愿意为某些产品付费;问题的核心是,供需之间突然出现了严重的不对称。基于这种不对称性,本文承认,由于第102(a)条在适用过程中存在概念和实际困难,未能对这场危机做出快速有效的反应,并探讨了竞争主管部门和政府用来对付病毒奸商的其他方式。
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引用次数: 0
Competition law in attempt to understand (Luxury) trademarks 试图理解(奢侈)商标的竞争法
Q2 Social Sciences Pub Date : 2021-06-02 DOI: 10.1080/17441056.2021.1935567
Hanna Stakheyeva
ABSTRACT The paper analyses the legality of online sales bans in selective distribution agreements in the EU, focusing on the “luxury brand image” justification as per the CJEU judgements and the decisions of the EC and national competition authorities. The paper questions the criteria for determining what constitutes a luxury trademark, and whether it is fair to distinguish (or even discriminate) between luxury and non-luxury trademarks, considering that both should have effective control and choice of the distribution of their goods. The paper concludes that the success of the selective distribution system depends on the effective control the trademark owner exercises over it, irrespective of whether or not it is covered by the aura of luxury. The non-luxury brands currently may justify their restrictions on sales on third party platforms under the unfair competition grounds. The selective distribution system should aim at protecting trademark image, which may not necessarily be luxury.
摘要本文分析了欧盟选择性分销协议中网络销售禁令的合法性,重点分析了欧盟法院的判决以及欧盟委员会和国家竞争主管部门的决定对“奢侈品牌形象”的辩护。本文质疑确定什么构成奢侈商标的标准,以及区分(甚至歧视)奢侈商标和非奢侈商标是否公平,因为两者都应该有效控制和选择其商品的分销。本文的结论是,选择性分销制度的成功取决于商标所有人对其行使的有效控制,无论其是否被奢侈的光环所覆盖。非奢侈品牌目前可能会以不公平竞争为由,为其在第三方平台上的销售限制辩护。选择性分销制度的目的应该是保护商标形象,而这不一定是奢侈品。
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引用次数: 1
Google as a de facto privacy regulator: analysing the Privacy Sandbox from an antitrust perspective 谷歌作为事实上的隐私监管机构:从反垄断角度分析隐私沙盒
Q2 Social Sciences Pub Date : 2021-05-26 DOI: 10.1080/17441056.2021.1930450
D. Geradin, Dimitrios Katsifis, Theano Karanikioti
ABSTRACT Now a multi-billion-dollar industry, online advertising is what funds free online content. At the core of this industry lies the ability to track users through various technical means, such as cookies, which has sparked privacy concerns, and is thus subject to a growing body of regulation. But the most important rules around tracking seem to come from a handful of large platforms who have assumed the role of a de facto privacy regulator. In this paper we explore in detail Google’s decision to phase out support for third-party cookies on Chrome, accompanied by a set of proposals known as the Privacy Sandbox proposals. We query whether this decision raises any antitrust concerns – and if so, how they can be reconciled with the objective of privacy. At a conceptual level, we use this opportunity to reflect on the relationship between competition law and privacy and the trade-offs regulators may have to make.
摘要现在,在线广告是一个价值数十亿美元的行业,它为免费在线内容提供资金。该行业的核心是能够通过各种技术手段跟踪用户,如cookie,这引发了隐私问题,因此受到越来越多的监管。但有关跟踪的最重要规则似乎来自少数几个大型平台,它们承担了事实上的隐私监管机构的角色。在本文中,我们详细探讨了谷歌决定逐步取消对Chrome上第三方cookie的支持,并提出了一系列被称为隐私沙盒的建议。我们质疑这一决定是否引发了任何反垄断问题,如果是,如何将其与隐私目标相协调。在概念层面上,我们利用这个机会反思竞争法与隐私之间的关系,以及监管机构可能需要做出的权衡。
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引用次数: 4
Maintaining a level playing field when Big Tech disrupts the financial services sector 当科技巨头颠覆金融服务业时,维持公平的竞争环境
Q2 Social Sciences Pub Date : 2021-05-21 DOI: 10.1080/17441056.2021.1936401
Tom Smith, D. Geradin
ABSTRACT Google, Apple, Facebook and Amazon (the “GAFAs”) have been slow to disrupt the financial services sector, but they are likely to do so in the coming years by using their control of important customer access points such as mobile operating systems, search engines, app stores, and marketplaces. This paper discusses these issues in the context of competition law enforcement and the emerging UK and EU regulatory regimes aiming to curb the GAFAs’ market power. The new rules can ensure that consumers will benefit from the innovations of the GAFAs and others without suffering the long-run effects of their further accumulation of market power. The new rules can ensure that the GAFAs do not benefit from an asymmetry of regulatory obligations compared to their financial services competitors, and that the GAFAs cannot leverage their market power from core activities into financial services whereby their financial services competitors are hindered in reacting.
摘要:苹果、Facebook和亚马逊(以下简称“GAFAs”)在颠覆金融服务领域方面进展缓慢,但它们很可能在未来几年利用对重要客户接入点(如移动操作系统、搜索引擎、应用商店和市场)的控制来实现这一目标。本文在竞争执法和新兴的英国和欧盟监管制度的背景下讨论这些问题,旨在遏制gafa的市场力量。新规则可以确保消费者将从gafa和其他机构的创新中受益,而不会遭受其进一步积累市场力量的长期影响。新规则可以确保gafa不会从与其金融服务竞争对手相比的监管义务不对称中受益,并且gafa不能将其核心活动的市场力量利用到金融服务中,从而阻碍其金融服务竞争对手的反应。
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引用次数: 2
Collective labour agreements and EU competition law: five reconfigurations 集体劳动协议和欧盟竞争法:五大重构
Q2 Social Sciences Pub Date : 2021-05-19 DOI: 10.1080/17441056.2021.1930452
G. Monti
ABSTRACT The European Commission has recently begun to reflect on whether competition law is a barrier to the formation of collective labour agreements between industry and atypical workers. The policy focus to date has been on whether and how to extend the antitrust labour exemptions to certain classes of atypical worker. This paper shows how efforts in this direction in the Netherlands and Ireland have revealed that this is a tricky path to pursue. As a result, the paper proposes four additional approaches: three of these indicate that even if atypical workers are treated as undertakings and collective bargains between them and employers fall to be assessed under competition law, many agreements will unlikely have anticompetitive effects and for those that may do so, exemptions are possible. A fifth approach is that active antitrust enforcement against employers imposing unfair terms on atypical workers may function to solve some of the concerns that collective bargaining seeks to address.
摘要欧盟委员会最近开始反思竞争法是否是行业与非典型工人之间达成集体劳动协议的障碍。迄今为止,政策重点一直是是否以及如何将反垄断劳工豁免扩大到某些类别的非典型工人。本文展示了荷兰和爱尔兰在这方面的努力如何表明,这是一条棘手的道路。因此,该文件提出了四种额外的方法:其中三种方法表明,即使非典型工人被视为企业,他们与雇主之间的集体交易将根据竞争法进行评估,许多协议也不太可能产生反竞争影响,对于那些可能产生反竞争力影响的协议,豁免也是可能的。第五种方法是,针对雇主对非典型工人施加不公平条款的积极反垄断执法,可能会解决集体谈判试图解决的一些问题。
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引用次数: 5
Structural capital and capital structure: assessing horizontal ownership concentration 结构性资本与资本结构:横向股权集中度评估
Q2 Social Sciences Pub Date : 2021-05-16 DOI: 10.1080/17441056.2021.1911730
S. Majumdar
ABSTRACT This paper reports an assessment of horizontal ownership concentration, contingent on congeneric acquisitions, on firm-level strategic behaviour in the telecommunications sector. Consequent to deals, the change in the concentration index was over one and half times the value of the original ratio. An asset control Herfindahl Hirschman Index (AHHI) shot up from 1056 to 2747. Firms' strategic behaviour examined has been debt level in capital structure. Companies associated with a high value of the structural capital variable have had significantly lower debt, around 24% less than average, while companies associated with a low value of the structural capital variable have had significantly higher debt, of around 11% more than average. Companies identified as owned by horizontal ownership controllers with high market power have had significantly lower debt, of around 19% less than average. The behaviour of companies have been competitively aggressive, as an outcome of horizontal ownership concentration.
本文报告了横向所有权集中度的评估,取决于同类收购,在电信行业的公司层面的战略行为。随着交易的进行,集中指数的变化幅度超过了原始比率的1.5倍。资产控制赫芬顿达尔赫希曼指数(AHHI)从1056点飙升至2747点。公司的战略行为研究的是资本结构中的债务水平。结构性资本变量值高的公司债务明显较低,比平均水平低24%左右,而结构性资本变量值低的公司债务明显较高,比平均水平高11%左右。被认定为具有高市场影响力的横向所有权控制人所有的公司的债务水平明显较低,比平均水平低19%左右。作为横向所有权集中的结果,企业的行为一直具有竞争侵略性。
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引用次数: 0
期刊
European Competition Journal
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