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Unilateral Conduct

Breaching Merger Remedies May be an Abuse of Dominance: Turkish Competition Authority’s EssilorLuxottica Decision
 |  Jan 17, 2024

By Neyzar Ünübol1   In a recent decision, the Turkish Competition Authority (“TCA”) announced its final decision regarding an investigation into  allegations that EssilorLuxottica S.A. (“EssilorLuxottica”) had restricted competition in…

Legal Practices and Development Direction for Anti-Monopoly Supervision of Data in China
 |  Dec 4, 2023

By Bing Chen & Yongji Liu1   I. The Current Status of Data-related Monopoly Supervision in China Data has become one of the most important factors of production in the…

Class Certification in the Ninth Circuit After Olean
 |  Dec 3, 2023

By Mark G. Weiss*   The Ninth Circuit recently rejected the premise that Rule 23 of the Federal Rules of Civil Procedure precludes a class that “potentially includes more than…

Tracking Ancestry: KFTC Guidelines on Online Platforms
 |  Oct 23, 2023

By Youngjin Jung & Hemi Lee*   I. Introduction On January 23, 2023, the Korea Fair Trade Commission (“KFTC”) published the Review Guidelines on Abuse of Market Dominance by Online…

Self-Preferencing in China – New Antitrust Rules or Case-by-Case Enforcement?
 |  Aug 29, 2023

Self-preferencing has been a hot topic in the global antitrust community over the past few years – including in China. This paper looks at how China has attempted to address…

The Open Display Advertising Ecosystem: Competition Concerns and Policy Interventions
 |  Jun 29, 2023

This paper investigates Google’s potentially anticompetitive practices, such as self-preferencing, discrimination against rivals, and leveraging its dominance in the ad tech industry, which, as we argue, have led to barriers…

The Role of Data for Competition in Online Advertising
 |  Jun 29, 2023

Data being the lubricant of any interest-based advertising, control over access to data has become a central competitive factor in the advertising business; and a focal point of several antitrust…

Can Self-Preferencing Algorithms Be Pro-Competitive?
 |  Jun 22, 2023

In response to the growing concerns around artificial intelligence, algorithms, and their influence over consumers’ choices, competition authorities have adopted more stringent rules regarding self-preferencing algorithms used by digital platforms.…

Commitment Decisions: An Overview of the Turkish Competition Authority’s Enforcement
 |  May 28, 2023

By Neyzar Ünübol1   In June of 2020, a new commitment procedure was first introduced to Turkish legislation as part of Law No. 4054 on the Protection of Competition (the…

A Sheep in Wolf’s Clothing: Predatory Pricing, Platform Antitrust, and the Risk of False Positives
 |  Apr 26, 2023

By Sergei Zaslavsky & Tyler Helms1   The doctrine of predatory pricing has followed the vicissitudes of antitrust enforcement over the decades: from the plaintiff-friendly postwar period, to the more…

Essential Facilities and the Law of the Hammer
 |  Apr 12, 2023

The essential facilities doctrine has received a resurgence of interest recently, especially with regard to platform markets. Many references to the doctrine exaggerate its centrality to antitrust law; it is…

Dispelling Myths: The Essential Facilities Doctrine in the Digital Economy
 |  Apr 12, 2023

The essential facilities doctrine is back. Yet, despite its recent endorsements, the doctrine’s criticisms linger. They range from allegations that monopolies lack incentives to monopolize adjacent markets to doubts about…

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