Publisher: Autorità Garante della Concorrenza e del Mercato   (Total: 1 journals)   [Sort by number of followers]

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Rivista Italiana di Antitrust / Italian Antitrust Review     Open Access   (Followers: 1)
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Rivista Italiana di Antitrust / Italian Antitrust Review
Number of Followers: 1  

  This is an Open Access Journal Open Access journal
ISSN (Print) 2284-3272
Published by Autorità Garante della Concorrenza e del Mercato Homepage  [1 journal]
  • Democracy, Inequality and Antitrust

    • Authors: Giovanni Pitruzzella
      PubDate: 2019-12-30
      DOI: 10.12870/iar-12895
       
  • The Neo-Antitrust. Between Ends and Means

    • Authors: Giuliano Amato
      Abstract: The article deals with some of the challenges of antitrust agencies when confronting the new world in which private power has increased and has eroded the space and rights of consumers in new ways. In particular, the so-called monopoly power of Big Tech is now exercised upon the costumers not by raising prices or reducing output, but by subjecting them to treatments that may violate their rights, something that does not necessarily break antitrust rules.In such a scenario, movements, such as Neo-Antitrust, argue in favor of a stronger degree of intervention, in order to come back to the original goals and are in favor of a new reading of antitrust rules, yet none of these rules nor the tools of antitrust authorities have actually been changed. While the Neo-antitrust invokes new recipes, the author underlines the flexibility of competition law – flexibility that gives the law a particular strength and allows it to address new phenomena, such as novel positions of power - but also the need for a cautious approach. Antitrust is a significant component of our legal orders, but it cannot assume the entire burden of countering any new manifestation of private power (for instance the power over unaware consumers' data). Indeed, the ends we read in antitrust cannot change the means established by the law to pursue them: the tools at our disposal can be adapted over time, but the rule of law does not allow judicial and administrative authorities to freely expand the means for the sake of whatever noble and even constitutional end.
      PubDate: 2019-12-30
      DOI: 10.12870/iar-12884
       
  • Competition Policy in the European Union and the United States: Focal
           Points for Future Trans-Atlantic Cooperation

    • Authors: William E. Kovacic
      Abstract: The past three decades have featured remarkable growth in the number of jurisdictions with competition laws – from roughly thirty in 1989 to over 130 today. Amid this period of stunning change, there is an important constant: the relationship between the competition systems of the European Union and the United states is the most important ingredient of the global competition law framework. The EU/US relationship is not only significant for transatlantic commerce but also for the development of global competition law substantive standards and procedures.  This Article discusses methods that would serve make an already strong relationship still better.  Enhancements will serve the vital purpose of enabling the two jurisdictions to fulfill the special responsibility inherent in their position as the world’s two leading competition systems.
      PubDate: 2019-12-30
      DOI: 10.12870/iar-12897
       
  • Antitrust: Updating Extraterritoriality

    • Authors: Eleanor M. Fox
      Abstract: Updating Extraterritoriality argues that a global economy requires extraterritorial reach, and that nations have been too timid in restraining themselves from condemning international cartels on grounds of indirectness of effects. The article poses five sets of real-life fact problems, analyzes what is or is not a legitimate outreach of national law, and proposes that, in cases of world consensus principles, notably hard core cartels, the national and world interest in a global economy free of restraints of competition (the world commons of competition) should be a factor in deciding whether jurisdiction lies. The article examines how to reflect world welfare more cautiously in other cases.
      PubDate: 2019-12-30
      DOI: 10.12870/iar-12893
       
  • Complements and/or Substitutes' The Competitive Dynamics Between News
           

    • Authors: Damien Geradin
      Abstract: This paper analyses the competitive dynamics between news publishers and digital platforms. News publishers and digital platforms are vertical complements in that news publishers publish content that helps digital platforms to attract users, while digital platforms generate traffic for news publishers. News publishers and digital platforms also horizontally compete for user attention and advertising revenues. Internet users in search of news can go to the website of their favourite newspaper, but they may also go to Google News, Facebook or Twitter. Similarly, advertisers can spend their online advertising budget on news publishers, but also on Google or Facebook online properties.Whether the relationship between news publishers and digital platforms is of a vertical or horizontal nature – or a combination of both – has implications for competition policy. From a vertical standpoint, some of Google and Facebook’s practices vis-à-vis news publishers could be exploitative in nature. Exploitative cases are, however, difficult to run and exploitation is not illegal in some jurisdictions. Thus, other avenues may need to be explored to counterbalance the digital platform’s market power and create a sustainable source of income for news publishers, such as, for instance, joint bargaining or the creation of collective licensing mechanisms for their rights.From a horizontal standpoint, while digital platforms cannot be blamed for seeking to maximize their revenues, competition authorities should however prevent them from engaging in strategies that draw traffic away from news publishers and deprive them of advertising opportunities, either through self-preferencing, discrimination, the imposition of formats and standards that reduce the ability of news publishers to monetize their content, or by making it harder for them to access the data generated by the users’ interaction with their content.
      PubDate: 2019-12-30
      DOI: 10.12870/iar-12885
       
  • On The ‘Intersection’ Ip/Competition

    • Authors: Gustavo Ghidini
      Abstract: After highlighting commonly neglected profiles of the intersection (namely, the pro-competitive features ‘built-in’ in the regime of IPRs, and the ‘division of labour’ between said regime and the rules on unfair competition, the paper focuses on the influence of antitrust law on the exploitation of IPRs, in particular patents and copyrights. This influence is reconstrued in a historical and systemic perspective, at whose core is the need that exercise (and entitlement) of such rights may not result in foreclosures of competition. In this perspective, the main issue discussed is that of the duty to grant access to protected innovation of paramount importance (essential facilities, even as SEPs) to competitors willing to pay a compensation on ‘fair’ terms. How ‘Fair’'
      PubDate: 2019-12-30
      DOI: 10.12870/iar-12889
       
  • Concordato Preventivo and State Aid

    • Authors: Massimo Merola, Alessandro Cogoni
      Abstract: This article examines the interactions between the rules governing State aid in EU law and the Italian concordato preventivo (pre-bankruptcy arrangement with creditors), which may take place both when Member States are granting aid and when aid considered illegal by the European Commission is being recovered. This contribution therefore analyses – also in light of Italy’s recent Financial Distress and Insolvency Code (Codice della crisi d’impresa e dell’insolvenza) – the compatibility of a concordato preventivo, whether as part of a company’s winding-up or continuity, with the obligation incumbent on the Member States to restore the situation to that preceding the granting of aid and remove the competitive advantage gained by the beneficiary.
      PubDate: 2019-12-30
      DOI: 10.12870/iar-12888
       
  • Cases of NCAs (GER, FR, UK, NE, USA); Annual Report of DG Comp and OECD;
           Private Enforcement

    • Authors: AA. VV.
      PubDate: 2019-12-30
      DOI: 10.12870/iar-12891
       
  • The Antitrust Paradigm – Restoring a Competitive Economy by Jonathan
           B. Baker

    • Authors: Antonio Bavasso
      PubDate: 2019-12-30
      DOI: 10.12870/iar-12886
       
  • “The Roles of Innovation in Competition Law Analysis” Edited by Paul
           Nihoul and Pieter Van Cleynenbreugel

    • Authors: Mario Siragusa
      PubDate: 2019-12-30
      DOI: 10.12870/iar-12890
       
  • “The Interplay Between Competition Law and Intellectual Property”
           Edited by Gabriella Muscolo and Marina Tavassi

    • Authors: James A. Keyte
      PubDate: 2019-12-30
      DOI: 10.12870/iar-12887
       
  • “Antitrust Procedural Fairness” Edited by D. Daniel Sokol and Andrew
           T. Guzmán Oxford University Press, Oxford (Uk), 2019

    • Authors: Christopher S. Yoo
      PubDate: 2019-12-30
      DOI: 10.12870/iar-12894
       
  • Conferences

    • Authors: AA. VV.
      PubDate: 2019-12-30
      DOI: 10.12870/iar-12892
       
 
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