Suchergebnisse

Competition law is often perceived as a stable discipline. In fact, one is often reminded that competition law must be based on economic considerations and reject external social, or political objectives. This paper argues that this appealing view – which embodies a sense of purity – is merely an illusion. It ignores the 'sponge-like' characteristics of the law – its susceptibility to national peculiarities originating in its design and evident in its application and its exposure to intellectual and regulatory capture. While the idea of a stable, predictable and economically-based antitrust discipline is in all of our interests, these traits are not inherent to the law. They are forced onto the sponge in an attempt to 'discipline' its natural tendencies, and propagated as reality, to support its legitimacy.

What are the implications of Big Data and Big Analytics on competition policy? EU and US competition authorities are currently grappling with this question. The EU Commission has recently issued preliminary results of its e-commerce sector inquiry. The European Data Protection Supervisor and the UK House of Lords, among others, have issued reports and convened roundtables on the issue. The OECD will host in late 2016 an enforcer roundtable on this subject. The significance of these inquires cannot be overstated, as their conclusions will determine the dynamics of future technology markets and level of antitrust intervention.