The evolvement of online platforms over the past decade has profoundly impacted consumers and business owners by facilitating and enhancing the intermediation and interaction between them. This... Show moreThe evolvement of online platforms over the past decade has profoundly impacted consumers and business owners by facilitating and enhancing the intermediation and interaction between them. This allowed online platforms to continuously evolve as key players in the digital market. It was, however, not long before concerns were raised as to whether this process is unfolding in accordance with EU antitrust law and if not, whether EU antitrust law enforcement is feasible in light of the distinguishing multisided character of online platforms.This book consists of a compilation of articles that address some of the main elements of the application process of EU antitrust law to online platforms, with particular focus on art. 102 TFEU. It provides an overview of the various legal hurdles that need to be overcome in the process of enforcement with regard to such players and offers potential solutions for overcoming them. In this process, the interplay between the material and procedural boundaries of the current EU antitrust law framework and the distinguishing multisided nature of online platforms is extensively explored. The research and findings covered in this book are of value for academics and practitioners working in the field of (EU) antitrust law. Show less
Promoting connectivity to very high capacity networks is one of the objectives of the new EU Telecom Code. The review of the Telecom Framework is one of the pillars of the EU Digital Single Market... Show morePromoting connectivity to very high capacity networks is one of the objectives of the new EU Telecom Code. The review of the Telecom Framework is one of the pillars of the EU Digital Single Market Strategy. The Telecom Code broadens the scope of regulation and introduces new forms of market regulation in order to pursue the EU connectivity objectives.This article explores the ex ante regulation in the Telecom Code as well as its changed context. The goals and scope of the Telecom Code as well as the main tools for regulation are discussed in the second section. The third section describes the system of ex ante regulation as it has been developed under the Telecom Framework and adjusted in the Telecom Code. The fourth section explains the conditions for imposing ex ante regulations, taking into account the connectivity goals of the Telecom Code. As the context of applying ex ante regulation has also changed due to new forms of market regulations, the fifth section explores what this will mean for the application of ex ante regulation. In the sixth section the proposals for ex ante regulation as a means to regulate other markets of the Digital Economy are evaluated from the perspective of the experience with ex ante regulation in the electronic communications sector. Show less
The prohibition of anti-competitive unilateral conduct by firms with market power is not absolute, but allows for derogation. For the purposes of EU law, the ECJ has accepted that a so-called ... Show moreThe prohibition of anti-competitive unilateral conduct by firms with market power is not absolute, but allows for derogation. For the purposes of EU law, the ECJ has accepted that a so-called ‘objective justification’ plea may be invoked in the case of a prima facie abuse of dominance. Even though this is long-standing case law, many uncertainties remain as to its interpretation. This thesis contains a detailed examination of this concept of ‘(objective) justification’, focusing in particular on its scope and the applicable legal conditions. The thesis submits that this concept is highly important, as it can steer Article 102 TFEU away from a formalistic approach and give ample weight to the prevalent context. Although the thesis focuses on EU law, it also seeks inspiration from the approach in other jurisdictions. A comparative study includes relevant cases from various EU Member States (France, Germany, Ireland, Luxembourg, the Netherlands, Spain and the UK) and non-EU jurisdictions (Australia, Canada, Hong Kong, Singapore, South Africa and the US). The study reveals that these jurisdictions have accepted the availability of a justification plea, and have dealt with the concept in strikingly similar ways. Show less
Competition policy is often viewed as an area where maximising economic efficiency is the exclusive aim. Dealing with broader policy concerns, such as redistribution or environmental protection, is... Show moreCompetition policy is often viewed as an area where maximising economic efficiency is the exclusive aim. Dealing with broader policy concerns, such as redistribution or environmental protection, is the job of the legislator, not the competition enforcer. In this thesis, it is argued that, in the case of EC competition policy, this approach is wrong. In reaching this conclusion, legal, governance and economic arguments are relied upon. It is argued that environmental factors have not, in general, been given sufficient weight in the application of EC competition law to date. This is true for the competition rules applicable to private undertakings (particularly Articles 81 and 82 of the EC Treaty) as well as those applicable to the state (particularly Article 87 of the EC Treaty) Show less
The European Database Directive introduced a new protection regime for database producers in 1996. This was to complement the already existing copyright protection for collections. This new sui... Show moreThe European Database Directive introduced a new protection regime for database producers in 1996. This was to complement the already existing copyright protection for collections. This new sui generis right offers protection to producers who undertake a substantial investment in the production of a database. Even though it was presented as a unique right without precedent, its scope closely resembles an intellectual property right, while its rationale __ preventing misappropriation of another__s investment __ is related to the tenet of unfair competition. The sui generis right is the main focus of this book. Its most important concepts are extensively discussed, such as the criterion of the substantial investment, the definition of the producer, and the scope of the sui generis right. For this, a comparative study is made of the literature and case law of the Netherlands, France and the United Kingdom. Particular attention is paid to the important judgments which the European Court of Justice delivered on the sui generis right in November 2004. Furthermore, consideration is given to the (re)introduction of a compulsory licensing regime to ward off information monopolies. The book ends with a conclusion which contains proposals for a review of the Database Directive. Show less
