peer reviewed / AI systems challenge competition law as they might lead to algorithmic (tacit) collusion and price discrimination. However, AI systems might also be used by competition authorities to assess and control proper competition. As a technology, AI is a pharmakon, i.e. both poison and remedy. This paper assesses the side effect of that re...
peer reviewed / This research paper questions to what extent the AI Act allows for algorithmic regulation and decision-making to take shape in competition law. It first summarises the algorithmicising of competition law proceedings. It then discusses algorithmic decision-making under the AI Act. Annex III of the AI Act qualifies as high-risk AI sys...
[Abstract editor: This paper presents a statistical study of public antitrust enforcement in developing countries. It illustrates what really happens with antitrust laws in developing countries after they are put into force. Counter to predictions predominant in the literature, this research shows that developing countries do enforce their antitrus...
In the architecture of Chilean legal institutions, the Supreme Court plays a prominent role in the review of judgments made by the Court for the Defense of Free Competition (TDLC, Spanish acronym). The object of this paper is to analyze briefly certain conceptual options used by the Chilean Supreme Court in the foundation of some of its sentences, ...
By its Judgment of 16 December 2020, the General Court (‘GC’) confirms the European Commission’s (‘Commission’) Decision finding that the International Skating Union’s (‘ISU’) governance rules violate competition law. The Judgment backs the Commission’s conclusion that the ISU’s rules banning athletes for participation in unauthorized events organi...
L’auteure étudie le droit de la concurrence du point de vue de la santé. Pour cela, elle met en avant le rétablissement de la concurrence dans le milieu de la santé avec la levée des obstacles infondés à la concurrence et la sanction de ceux commis au mépris des interdictions imposées par les textes. Puis, l’auteure met en avant le renouvellement d...
On 22 September 2020, the Grand Chamber of the Court of Justice dismissed Austria’s appeal against the General Court’s Judgment endorsing Commission Decision (EU) 2015/658 (‘the Judgment’). The Judgment was the first opportunity for the Court to rule whether the nuclear energy sector is subject to State aid rules and indicate when aid for the const...
Advocate General Saugmandsgaard Øe recommends the European Court of Justice to (i) rule that the test included in the Bronner Judgment – including the indispensability requirement – should only be applied in specific circumstances (i.e., in case of ‘refusals to make available’), and (ii) reject the introduction of the concept of ‘implicit refusals ...
This paper presents a selection of legal topics in the context of data analytics and Big Data from a lawyer’s perspective. After introducing the reader to the role of law, both in the analogue and the digital world (1), the paper gives a systematic overview of some of the currently most relevant data-related legal topics (2). While digitalisation a...
On 30 January 2020, the European Commission (‘the Commission’) announced its decision to fi ne several companies belonging to Comcast Corporation, including NBCUniversal LLC (‘Universal’), €14,327,000 for the implementation of territorial, consumer and online sales restrictions through their merchandising license agreements. Following an investigat...
