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Showing 1 - 136 of 136 Journals sorted by number of followers
Journal of Monetary Economics     Hybrid Journal   (Followers: 96)
Information Technologies & International Development     Open Access   (Followers: 82)
International Economic Review     Hybrid Journal   (Followers: 61)
International Labour Review     Partially Free   (Followers: 60)
Journal of International Business Studies     Hybrid Journal   (Followers: 47)
IMF Economic Review     Hybrid Journal   (Followers: 44)
Review of International Political Economy     Hybrid Journal   (Followers: 41)
Journal of International Money and Finance     Hybrid Journal   (Followers: 39)
Journal of International Economics     Hybrid Journal   (Followers: 38)
International Review of Social History     Full-text available via subscription   (Followers: 33)
Journal of International Development     Hybrid Journal   (Followers: 32)
International Review of Economics & Finance     Hybrid Journal   (Followers: 30)
International Review of Law and Economics     Hybrid Journal   (Followers: 27)
International Finance     Hybrid Journal   (Followers: 27)
PharmacoEconomics     Full-text available via subscription   (Followers: 27)
Journal of International Marketing     Full-text available via subscription   (Followers: 24)
Quarterly Journal of Political Science     Full-text available via subscription   (Followers: 20)
Journal of International Financial Markets, Institutions and Money     Hybrid Journal   (Followers: 20)
International Journal of Applied Behavioral Economics     Full-text available via subscription   (Followers: 19)
Journal of World Trade     Full-text available via subscription   (Followers: 19)
Human Resource Management International Digest     Hybrid Journal   (Followers: 19)
Journal of International Trade Law and Policy     Hybrid Journal   (Followers: 19)
Career Development International     Hybrid Journal   (Followers: 18)
Human Resource Development International     Hybrid Journal   (Followers: 18)
European Business Law Review     Full-text available via subscription   (Followers: 17)
African Journal of Economic and Sustainable Development     Hybrid Journal   (Followers: 17)
Journal of Contemporary European Research     Open Access   (Followers: 16)
Studies in Comparative International Development     Hybrid Journal   (Followers: 16)
International Labor and Working-Class History     Full-text available via subscription   (Followers: 15)
International Environmental Agreements: Politics, Law and Economics     Hybrid Journal   (Followers: 14)
Review of International Economics     Hybrid Journal   (Followers: 14)
International Marketing Review     Hybrid Journal   (Followers: 13)
Advances in Accounting     Hybrid Journal   (Followers: 12)
Journal of International Trade & Economic Development: An International and Comparative Review     Hybrid Journal   (Followers: 12)
International Small Business Journal     Hybrid Journal   (Followers: 11)
European Company Law     Full-text available via subscription   (Followers: 11)
International Review of Financial Analysis     Hybrid Journal   (Followers: 10)
Journal of International Entrepreneurship     Hybrid Journal   (Followers: 10)
Journal of the Association for Consumer Research     Full-text available via subscription   (Followers: 10)
International Business Review     Hybrid Journal   (Followers: 9)
World Competition     Full-text available via subscription   (Followers: 9)
International Review of Finance     Hybrid Journal   (Followers: 9)
World Trade and Arbitration Materials     Full-text available via subscription   (Followers: 9)
Journal of International Consumer Marketing     Hybrid Journal   (Followers: 9)
International Entrepreneurship and Management Journal     Hybrid Journal   (Followers: 8)
International Studies of Management and Organization     Full-text available via subscription   (Followers: 8)
Emerging Markets Finance and Trade     Hybrid Journal   (Followers: 8)
Journal for International Business and Entrepreneurship Development     Hybrid Journal   (Followers: 8)
International Economic Journal     Hybrid Journal   (Followers: 8)
Information Resources Management Journal     Full-text available via subscription   (Followers: 8)
International Public Management Journal     Hybrid Journal   (Followers: 8)
Antitrust Bulletin     Hybrid Journal   (Followers: 8)
Competition and Regulation in Network Industries     Full-text available via subscription   (Followers: 7)
Management International Review     Hybrid Journal   (Followers: 7)
International Advances in Economic Research     Hybrid Journal   (Followers: 6)
International Review of Applied Economics     Hybrid Journal   (Followers: 6)
International Economics and Economic Policy     Hybrid Journal   (Followers: 6)
Global Trade and Customs Journal     Full-text available via subscription   (Followers: 6)
South African Journal of International Affairs     Hybrid Journal   (Followers: 6)
TDM Transnational Dispute Management Journal     Full-text available via subscription   (Followers: 5)
Journal of International Management     Hybrid Journal   (Followers: 5)
EC Tax Review     Full-text available via subscription   (Followers: 5)
Journal of International Accounting, Auditing and Taxation     Hybrid Journal   (Followers: 5)
Intertax     Full-text available via subscription   (Followers: 4)
Journal of Chinese Human Resource Management     Hybrid Journal   (Followers: 4)
IN VIVO     Full-text available via subscription   (Followers: 4)
Journal of the Japanese and International Economies     Hybrid Journal   (Followers: 4)
International Insolvency Review     Hybrid Journal   (Followers: 4)
International Review of Economics     Hybrid Journal   (Followers: 4)
Journal of International Financial Management & Accounting     Hybrid Journal   (Followers: 4)
Journal of Revenue and Pricing Management     Hybrid Journal   (Followers: 4)
Revue Internationale du Travail     Full-text available via subscription   (Followers: 3)
Foreign Trade Review     Hybrid Journal   (Followers: 3)
Syracuse Journal of International Law and Commerce     Open Access   (Followers: 3)
European Journal of International Management     Hybrid Journal   (Followers: 3)
International Review of Retail, Distribution and Consumer Research     Hybrid Journal   (Followers: 3)
Monthly Statistics of International Trade - Statistiques mensuelles du commerce international     Full-text available via subscription   (Followers: 3)
International Economics     Hybrid Journal   (Followers: 3)
International Review on Public and Nonprofit Marketing     Hybrid Journal   (Followers: 3)
Management international / International Management / Gestiòn Internacional     Full-text available via subscription   (Followers: 3)
World Food Policy     Hybrid Journal   (Followers: 3)
Digital Finance : Smart Data Analytics, Investment Innovation, and Financial Technology     Hybrid Journal   (Followers: 3)
Journal of International Food & Agribusiness Marketing     Hybrid Journal   (Followers: 2)
Asian Journal of Shipping and Logistics     Open Access   (Followers: 2)
International Transactions In Operational Research     Hybrid Journal   (Followers: 2)
China Business Review     Full-text available via subscription   (Followers: 2)
Qualitative Research in Financial Markets     Hybrid Journal   (Followers: 2)
Journal of Chinese Economic and Foreign Trade Studies     Hybrid Journal   (Followers: 2)
International Trade Journal : Western Hemispheric Studies     Hybrid Journal   (Followers: 2)
Journal of Korea Trade     Full-text available via subscription   (Followers: 1)
MEED Middle East Economic Digest     Full-text available via subscription   (Followers: 1)
Global Summitry     Hybrid Journal   (Followers: 1)
Global & Strategis     Open Access   (Followers: 1)
Acta Economica Et Turistica     Open Access   (Followers: 1)
Transnational Corporations Review     Hybrid Journal   (Followers: 1)
Economic Journal of Emerging Markets     Open Access   (Followers: 1)
International Journal of Export Marketing     Hybrid Journal   (Followers: 1)
World Oil Trade     Hybrid Journal   (Followers: 1)
Journal of Economics and International Finance     Open Access   (Followers: 1)
Estudos Internacionais : revista de relações internacionais da PUC Minas     Open Access   (Followers: 1)
Research World     Hybrid Journal   (Followers: 1)
Asia and the Global Economy     Open Access   (Followers: 1)
Economics Research International     Open Access   (Followers: 1)
Revue internationale P.M.E. : économie et gestion de la petite et moyenne entreprise     Full-text available via subscription   (Followers: 1)
Critical Perspectives on International Business     Hybrid Journal   (Followers: 1)
International Commerce Review     Hybrid Journal   (Followers: 1)
Botswana Journal of Economics     Open Access   (Followers: 1)
Journal of Antitrust Enforcement     Hybrid Journal   (Followers: 1)
Japanese Political Economy     Full-text available via subscription   (Followers: 1)
International Journal of Asian Business and Information Management     Full-text available via subscription   (Followers: 1)
L'Année du Maghreb     Open Access   (Followers: 1)
Amnis     Open Access   (Followers: 1)
China Economic Quarterly International     Open Access  
Regional Formation and Development Studies     Open Access  
Journal of Reviews on Global Economics     Open Access  
Journal of International Business Policy     Hybrid Journal  
East Asian Community Review     Hybrid Journal  
Ekonomia Międzynarodowa     Open Access  
Jurnal Ilmu Ekonomi Terapan     Open Access  
Jurnal Hubungan Internasional     Open Access  
Journal of Advanced Research in Economics and International Business     Full-text available via subscription  
Proceedings of the International Conference on Business Excellence     Open Access  
Journal of Accounting and Finance in Emerging Economies     Open Access  
International Journal of Governance and Financial Intermediation     Hybrid Journal  
South American Development Society Journal     Open Access  
Revista Multiface Online     Open Access  
Revue internationale de l'économie sociale     Full-text available via subscription  
Expert Journal of Business and Management     Open Access  
Crossroads     Hybrid Journal  
Relações Internacionais (R:I)     Open Access  
Revista Brasileira de Gestão de Negócios     Open Access  
Journal of Theoretical and Applied Electronic Commerce Research     Open Access  
International Journal of Commerce and Management     Hybrid Journal  
EMAJ : Emerging Markets Journal     Open Access  
Journal of International Commerce, Economics and Policy     Hybrid Journal  
Journal of Comparative International Management     Full-text available via subscription  

           

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Antitrust Bulletin
Number of Followers: 8  
 
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 0003-603X - ISSN (Online) 1930-7969
Published by Sage Publications Homepage  [1175 journals]
  • A Suggested Revision of the 2020 Vertical Merger Guidelines (Version:
           April 30, 2022)

    • Free pre-print version: Loading...

      Authors: Steven C. Salop
      First page: 371
      Abstract: The Antitrust Bulletin, Ahead of Print.
      The Department of Justice (DOJ)/Federal Trade Commission (FTC) Vertical Merger Guidelines (VMGs) were adopted by the FTC in June 2020 by a party-line 3-2 party line over the dissent of the Acting Chair. They were withdrawn by the FTC in September 2021. Withdrawal was appropriate because the VMGs are both incomplete and overly permissible. At this writing, the Guidelines are currently under revision, This draft is designed to aid that process and act as a supplement to the Guidelines that are adopted.
      Citation: The Antitrust Bulletin
      PubDate: 2022-06-16T09:17:20Z
      DOI: 10.1177/0003603X221103110
       
  • The 2020 Vertical Merger Guidelines: Some Suggestions for Revision

    • Free pre-print version: Loading...

      Authors: Brianna L. Alderman, Roger D. Blair
      First page: 390
      Abstract: The Antitrust Bulletin, Ahead of Print.
      In 2020, the Department of Justice and the Federal Trade Commission (FTC) published their Vertical Merger Guidelines (VM Guidelines). The Guidelines were intended to reveal the principal analytical techniques, practices, and enforcement policies employed by the two Agencies, but they were short-lived at the FTC. In 2021, the VM Guidelines were rescinded by the FTC. Even before they were rescinded, their general language and some of the illustrative examples were not fully specified, which made them misleading. As work begins on reconstructing the VM Guidelines, we illustrate some of the weaknesses of the 2020 version and offer some suggestions for their revision. In this article, we will demonstrate why the incomplete specification can lead to some analytical difficulties. In addition, we will offer some clarifications and corrections. Our goal is to suggest refinements to the 2020 VM Guidelines so that they will be more useful in developing future guidelines for antitrust enforcement policy.
      Citation: The Antitrust Bulletin
      PubDate: 2022-06-15T09:36:40Z
      DOI: 10.1177/0003603X221103111
       
  • Vertical Merger Guidelines and the Rule of Law

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      Authors: Gregory J. Werden
      First page: 406
      Abstract: The Antitrust Bulletin, Ahead of Print.
      Mid-1960s Supreme Court decisions undermined the rule of law by giving the government unbridled discretion in enforcing Section 7 of the Clayton Act. Since 1968, the government has promoted the rule of law through guidelines limiting discretion. The Vertical Merger Guidelines, however, place no meaningful limits on agency discretion. They articulate theories under which mergers can be harmful but neither specific nor general standards. They set out no principles for determining when a merger harms competition, rather than a competitor, and no criteria for determining when harm to competition is likely, rather than merely possible. Nor do they convey the agencies’ general attitude toward vertical mergers.
      Citation: The Antitrust Bulletin
      PubDate: 2022-06-15T09:23:11Z
      DOI: 10.1177/0003603X221103113
       
  • The Vast Space in Which the Vertical Merger Guidelines Lived

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      Authors: Edward A. Snyder
      First page: 424
      Abstract: The Antitrust Bulletin, Ahead of Print.
      The thesis of this article is that the gap left by the abandoned Vertical Merger Guidelines (VMGs) is small, and that the gap should not be filled until a sound foundation for guidelines is built. The VMGs operated with a narrow scaffolding in a vast space of real-world decisions and a continuum of organizational forms. The illustrations in the VMGs were based on pricing models that show that anticompetitive exclusion may result from vertical mergers. But these models are incapable of generalization, and they do not account for investments, market uncertainty, contracting problems, information asymmetries, and governance issues. Perplexingly, the VMGs ignored research that considers such factors and illuminates a broad range of empirically verifiable efficiencies. The requisite foundation for effective vertical guidelines is not in place. Until it is developed, replacements will fail to screen vertical mergers that do not raise concerns and will not be of assistance when mergers are challenged. Antitrust scholars could advance the foundational work by developing authoritative briefs on topics such as anticompetitive exclusion, asset-specific investments, incomplete contracts and opportunistic behavior, information asymmetries and principal–agent problems, the purposes and effects of restrictive contracts, and the implications of network economies for the scope of firms.
      Citation: The Antitrust Bulletin
      PubDate: 2022-06-15T09:25:54Z
      DOI: 10.1177/0003603X221103114
       
  • Double Markups, Information, and Vertical Mergers

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      Authors: Simon Loertscher, Leslie M. Marx
      First page: 434
      Abstract: The Antitrust Bulletin, Ahead of Print.
      In vertical contracting models with complete information and linear prices, double markups that arise between independent firms provide an efficiency rationale for vertical mergers since these eliminate double markups (EDM). However, the double markups vanish even without vertical integration if the firms are allowed to use two-part tariffs. Hence, the efficiency rationale for vertical mergers in models of complete information requires restrictions on the contracts that firms can use. In a sense, with complete information, two-part tariffs are simply too powerful. If instead one allows incomplete information and removes the restriction on contract forms, then vertical mergers continue to have an effect that is analogous to EDM, but they also have the potential to affect the overall efficiency of the market to the detriment of society. Consequently, the social surplus effects of vertical integration depend on the underlying market structure, and vertical mergers are, in and of themselves, neither good nor bad. We illustrate through an example that with incomplete information, the private benefits from vertical integration tend to be excessive; that is, vertical mergers remain profitable even when they are socially harmful.
      Citation: The Antitrust Bulletin
      PubDate: 2022-06-15T09:27:24Z
      DOI: 10.1177/0003603X221103115
       
  • Vertical Mergers that Induce Exit

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      Authors: David J. Balan
      First page: 442
      Abstract: The Antitrust Bulletin, Ahead of Print.
      It is well understood that vertical mergers can create an incentive for the merged firm to foreclose unintegrated rivals, and that one way this foreclosure can manifest itself is by driving an unintegrated rival below its minimum viable scale and causing it to exit. The central claims of this article are (1) that exit-inducing mergers are likely to be especially harmful because they result in the elimination of a competitor and (2) that even a modest amount of foreclosure can induce exit if the rival was not too far above its minimum viable scale before the merger. I argue that exit-inducing mergers merit explicit treatment in a revised version of the DOJ/FTC Vertical Merger Guidelines, both because they are harmful and because the possibility that they may occur with only modest foreclosure has important implications for how they should be investigated.
      Citation: The Antitrust Bulletin
      PubDate: 2022-06-16T09:57:51Z
      DOI: 10.1177/0003603X221103198
       
  • Platform and Device Neutrality Regime: The New Competition Rulebook for
           App Stores'

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      Authors: Oscar Borgogno, Giuseppe Colangelo
      First page: 451
      Abstract: The Antitrust Bulletin, Ahead of Print.
      Among the numerous legislative initiatives implemented around the globe on digital platforms, some of these provisions are explicitly directed toward app stores. As they have all the distinctive features of multi-sided markets, app store owners represent the prototype of digital gatekeepers, controlling access to mobile ecosystems and competing with business users operating on the platforms. In light of the rule-setting and dual role of these gateway players, regulatory interventions are required in order to ensure that large app stores are treated like common carriers or public utilities, thereby imposing upon them a neutrality regime vis-à-vis new entrants. For the very same reasons, dominant app store providers have been subject to an increasing number of antitrust investigations attempting to ensure equal treatment and to avoid self-preferencing at the expense of rivals’ services. Against this background, the article investigates whether antitrust provisions are flexible enough to curb anticompetitive practices carried out by app stores and the extent to which regulatory interventions could, on the other hand, be necessary in order to address the seemingly unique features of the app economy.
      Citation: The Antitrust Bulletin
      PubDate: 2022-06-22T07:31:03Z
      DOI: 10.1177/0003603X221103122
       
  • Introduction and Synopsis

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      Authors: Ioannis Kokkoris, Claudia Lemus
      First page: 499
      Abstract: The Antitrust Bulletin, Ahead of Print.

      Citation: The Antitrust Bulletin
      PubDate: 2022-09-20T12:09:22Z
      DOI: 10.1177/0003603X221126127
       
  • A Missed Opportunity: The European Union’s New Powers over Digital
           Platforms

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      Authors: John Davies, Valérie Meunier, Gianmarco Calanchi, Angelos Stenimachitis
      First page: 504
      Abstract: The Antitrust Bulletin, Ahead of Print.
      The Digital Markets Act (DMA) in the European Union assumes that all large “core platform service” providers pose similar threats to competition and to fairness and thus imposes identical obligations on all of them. The alternative “New Competition Tool,” that would have allowed the European Commission (EC) to conduct fact-intensive investigations of markets to design bespoke remedies, has been largely abandoned. The approach adopted contradicts the basic principle that competition policy should be concerned with evidence of adverse effects. The proponents of the adopted form of the DMA argue that ex ante action is required to forestall irreversible harm to competition, but that same logic also implies assessing the risk of harm from excessive regulation—and the DMA contains no mechanism to do so. Given the different underlying economics of different kinds of platform services, including the way some support digital ecosystems involving many firms, a different approach is needed. The EC missed the opportunity to introduce a market investigation tool. The rigid and static framework of the DMA seems like the wrong solution, given the economics of digital markets.
      Citation: The Antitrust Bulletin
      PubDate: 2022-09-28T06:07:09Z
      DOI: 10.1177/0003603X221126128
       
  • European Antitrust Enforcement in the Digital Era: How It Started, How
           It’s Going, and the Risks Lying Ahead

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      Authors: Athena Kontosakou
      First page: 522
      Abstract: The Antitrust Bulletin, Ahead of Print.
      The digitalization of economy, the proliferation of data collection, and the increased dependency of consumers on online services has brought about new ecosystems, new business models, and new, complex antitrust issues. Delineating the new remits of antitrust enforcement to tackle those issues is not an easy task. The present contribution discusses significant legislative and enforcement changes in Europe, both at Union and Member State level and identifies risks for the future of antitrust enforcement.
      Citation: The Antitrust Bulletin
      PubDate: 2022-09-21T11:20:51Z
      DOI: 10.1177/0003603X221126138
       
  • Toward a Coherent Approach to Market Power in the Digital Sector:
           Complexity, Growth through Acquisition, and Remedies

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      Authors: Diana L. Moss
      First page: 536
      Abstract: The Antitrust Bulletin, Ahead of Print.
      The Digital Business Ecosystem (DBE) model far surpasses other models and structures in its scope, scale, and complexity. DBEs feature unique economic, technological, business, and growth characteristics that increase their opacity to consumers, competition enforcers, and lawmakers. These include a range of market failures, the role of cloud computing in realizing the DBE value proposition, and growth through acquisition.The United States is making slow progress in addressing competition concerns in the digital sector. Legislative initiatives remain focused on the largest players, and there is little political appetite for a dedicated sector regulator to develop a system of non-discrimination “access” regulation. This article discusses the implications of the widening gap between the complexity and growth of DBEs, and policy responses to the market power problems they raise. The analysis recommends a more coherent approach centered on identifying policy tools—including antitrust, regulation, and privacy law—that are best suited to addressing the unique features of DBEs and that work in a complementary way.
      Citation: The Antitrust Bulletin
      PubDate: 2022-09-29T06:58:33Z
      DOI: 10.1177/0003603X221126139
       
  • Privacy and Competition: Discord or Harmony'

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      Authors: Maureen K. Ohlhausen, Ben Rossen
      First page: 552
      Abstract: The Antitrust Bulletin, Ahead of Print.
      Privacy and competition law pursue different goals that do not always align, but they can be harmonized under the right approach. Recent proposals in Congress, however, put privacy and competition values in direct conflict, likely at the expense of consumer privacy. Rather than diminishing consumer privacy and security through competition legislation, Congress should enact a comprehensive consumer privacy law that protects consumers while leveling the playing field for all competitors. This article addresses recent calls to regulate consumer privacy and the commercial use of data through competition law. First, we address the changing landscape of consumer privacy and calls for additional regulation. We then discuss recent proposals to use competition law to address issues stemming from widespread data collection and aggregation. Finally, we describe the collision course of antitrust and privacy in recent legislative proposals and offer an alternative path forward.
      Citation: The Antitrust Bulletin
      PubDate: 2022-09-29T07:01:53Z
      DOI: 10.1177/0003603X221126140
       
  • China’s Antimonopoly Law Enforcement in the Digital Economy

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      Authors: Xiaoye Wang, Yajie Gao
      First page: 562
      Abstract: The Antitrust Bulletin, Ahead of Print.
      The year 2021 was the first remarkable year of Chinese anti-monopoly law enforcement in the digital economy. Against the macro backdrop of strengthening anti-monopoly and preventing the disorderly expansion of capital, China has closed high-profile cases and enacted relevant guiding documents, implying that competition in the digital economy is undergoing a revolution in China. However, with the strengthening anti-monopoly enforcement in the digital economy, China has also been confronted with new challenges. For example, how to make sure that the interconnectivity between platforms and data interoperability do not interfere with data security, personal privacy, and consumers’ legitimate rights and interests' How to balance the curbing of almost unconstrained digital ecosystems and the enhancement of economic efficiency' With the emergence of digital giants, profound changes are taking place in the competitive relationships between various market participants, while the advantages and disadvantages of capital growth have become increasingly prominent. We propose competition authorities worldwide to learn from and cooperate with each other to solve monopolistic problems in the digital economy, considering it is a global matter.
      Citation: The Antitrust Bulletin
      PubDate: 2022-09-28T12:19:11Z
      DOI: 10.1177/0003603X221126141
       
  • Competition Enforcement in Digital Markets in China

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      Authors: Ken Dai, Jet Deng
      First page: 579
      Abstract: The Antitrust Bulletin, Ahead of Print.
      Compared with the size of China’s digital market, competition enforcement in China in this area is relatively underexplored. It had been almost an entirely blank space until the end of 2020. This article summarizes the enforcement actions that have been taken to date, from few distant cases in which former authorities tentatively approached competition issues in this area, to more recent landmark cases in which more sophisticated analysis is provided and hefty fines are imposed. This article traces the enforcement history, thereby explaining the reasons of some China-featured situations, for example, a large amount of existing gun-jumping cases. It also studies some comparable enforcement decisions with a common issue, for example, dominance abuse in the digital market and a controversial topic in China—“choose one from two.” Enforcement trends are also discussed to predict future development in this regard.
      Citation: The Antitrust Bulletin
      PubDate: 2022-10-05T11:09:03Z
      DOI: 10.1177/0003603X221126157
       
  • Effective Merger Review: A Question for Australian Courts'

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      Authors: Rhonda L. Smith, Deborah Healey
      First page: 600
      Abstract: The Antitrust Bulletin, Ahead of Print.
      There is increasing global concern about the effectiveness of merger control in competition law. Globally, concerns about rising market concentration and in particular, the effect of consolidation by digital platform businesses, have prompted numerous inquiries and articles exploring whether competition laws are effective in addressing concerns about their anticompetitive impact in relation to mergers. Australia’s approach to merger control makes it an outlier in a number of ways. Its major approval procedure, informal clearance, is outside the scope of the Competition and Consumer Act 2010 (Cth). Formal decisions are generally heard in courts. Of note, under the current “likely substantial lessening of competition” test which became operative in 1993, the Australian Competition and Consumer Commission (ACCC) has not successfully proven in court that a merger would be likely to infringe the law. This article examines the methodology of Australian courts in applying this test, including the judicial approach to acceptance and assessment of economic and noneconomic evidence. It suggests approaches to enable consideration of the best evidence available. This analysis is in the context of amendments to the merger system recently proposed by the ACCC. We conclude that there are significant challenges in determining whether a merger is anticompetitive and that changes to the relevant methodology are necessary. This might be done by adopting the ACCC proposals or by a reconsideration of the merger factors and the approach to applying them.
      Citation: The Antitrust Bulletin
      PubDate: 2022-09-28T06:09:38Z
      DOI: 10.1177/0003603X221126158
       
  • Competition Law Enforcement in Digital Markets: The Brazilian Perspective
           on Unilateral Conducts

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      Authors: Caio Mário S. Pereira Neto, Ricardo Ferreira Pastore, Raíssa Paixão
      First page: 622
      Abstract: The Antitrust Bulletin, Ahead of Print.
      Following an international trend, Brazil’s National Competition Authority (NCA), the Administrative Council for Economic Defense (CADE), has been devoting more attention to potential anticompetitive conducts in the digital economy. This article discusses a set of cases involving unilateral conducts in the digital economy, assessing CADE’s decision-making practice, enforcement challenges, and tools used. Building from CADE’s case law, we single out some relevant aspects of the Brazilian experience, including (1) the cautious approach taken by CADE when evaluating effects of unilateral conducts in final decisions, (2) the use of interim measures to intervene in early stages of investigations, and (3) the use of settlements to reach quick solutions with negotiated remedies. A brief conclusion discusses possible future trends given the experience discussed in the article.
      Citation: The Antitrust Bulletin
      PubDate: 2022-09-24T10:46:23Z
      DOI: 10.1177/0003603X221126159
       
  • White Label: The Technological Illusion of Competition

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      Authors: Garry A. Gabison
      First page: 642
      Abstract: The Antitrust Bulletin, Ahead of Print.
      This article looks at the competition (or lack thereof) in the U.S. and EU financial service markets and how innovative companies have decided to enter the market. Over the years, many start-ups have ventured into financial services; however, they have faced heavy regulations. These regulations have led these companies to using a “white label” business model. This model has wide competition law implications: some good (e.g., more innovation at different levels of financial services) and some bad (e.g., innovative companies being bought out). These start-ups do not provide the competition first hoped while competition authorities and regulators often lag behind the technology to act and preserve competition before it is too late. This article makes some recommendations how the U.S. and EU competition authorities can learn from each other’s mistakes.
      Citation: The Antitrust Bulletin
      PubDate: 2022-09-28T12:35:41Z
      DOI: 10.1177/0003603X221126160
       
 
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