Competition law Blog

Official Blog of the European Competition and Regulatory Law Review (CoRe)

The CoRe Blog is the interactive online platform for up-to-date analysis of EU competition law developments. It’s the blog companion of the quarterly double blind peer-reviewed European Competition and Regulatory Law Review (CoRe). The CoRe Blog fills in the gaps that a 4-times-a-year journal can’t address: immediate updates and analysis of breaking news in EU competition and regulatory law and the opportunity to discuss these developments directly with other experts through our Comments section.

We want to hear what you think about the hot topics in EU competition and regulatory law. So share your thoughts in the Comments section of every blog post or submit your own post (500-2000 words) as an external author. The author of the most popular blog post in the last quarter will be published in the CoRe journal and get a free copy of an issue of their choice.

 

- Amazon ×

Amazon/Deliveroo: Dynamic Counterfactual Analysis and the Failing-Firm Defence

Amazon logo
The economic and financial impact of the Covid-19 pandemic foreshadows an increase in the number of deals where the so-called “failing-firm defence” (“FFD”) might come under discussion, as recently demonstrated by the provisional clearance of Amazon’s investment in Deliveroo by the Competition and Markets Authority (“CMA”). This blogpost addresses the interplay between the FFD and dynamic counterfactual analysis, in light of the […]

Venture capital and antitrust: on exit strategies, killer acquisitions, and innovation harms

Venture capital (VC) is the primary source of financing for early-stage startups bringing their innovation to market. And a disproportionate amount of venture capital goes to startups in the tech sector. However, the last few years have seen a contraction in VC investment, particularly in potential competitors to incumbent digital platforms such as Facebook, Google and Amazon, which some interpret as […]

The antitrust books you should’ve read in 2019 [part 1]

While the past year may not have been spectacular on all fronts, it was a very good one when it came to the publication of antitrust books. New editions of authoritative textbooks were published, including the 7th edition of Jones & Sufrin (the 9th edition of Whish & Bailey was released in 2018). New entrants also dared challenge the incumbents: Lianos, Korah & Siciliani released their own competition […]

Amazon cases on the move: Bundeskartellamt closes proceedings while European Commission opens formal investigation

online shopping cartoon
The 17th of July has been quite the day for Amazon, at least when it comes to antitrust. Firstly, the German Competition Authority (Bundeskartellamt) has closed its abuse of dominance proceedings against Amazon in return for concessions from the online marketplace. Secondly, the European Commission announced that it was opening a formal investigation into possible anti-competitive conduct by Amazon. This blog post takes a closer […]

Abuse of relative dominance in the platform economy: a French court finds Amazon’s contracts with third-party sellers significantly imbalanced

Two years ago (before Amazon became entangled in a patchwork of investigations by competition authorities), Reuters reported: ‘France files complaint against Amazon for abuse of dominant position’. The news report did not garner a lot of attention. More surprisingly, neither did the recent judgment of the Paris Commercial Court on the complaint. As the judgment offers insight into several pressing questions presented by platform competition […]

‘We have reached “peak cloning” in Silicon Valley’: when does copying your competitor’s product become anticompetitive?

same sneakers with different price
‘We have reached “peak cloning” in Silicon Valley’, read a recent tweet by Jeff Morris Jr. (Tinder’s director of product). ‘There are no rules anymore’, the author continued, ‘if you build a product that works, Amazon or Facebook will copy it.’ The tweet was prompted by the apparent copying by Amazon of Allbirds. Allbirds is a brand famous for its merino wool […]

The return of the MFN clauses – platform ranking as an enforcement mechanism for price parity

The MFN cases of the past few years have delivered a series of uncoordinated cases that created a fragmented approach towards MFN clauses. Nowadays it would appear that there is a growing consensus in Europe that wide MFN clauses should be prohibited which, also led major platform like Expedia to abandon these pricing strategies. The recent claim put forward by […]

U.S. antitrust agencies divide jurisdiction over Big Tech and single out Google for investigation

Last year, I wrote about how the United States considers boarding the tech regulation train that has been racing through Europe. It seems that they have now taken another decisive step in that direction: the U.S. antitrust agencies have agreed that the Department of Justice (DOJ) will oversee investigations of Google and Apple, while the Federal Trade Commission (FTC) is responsible for antitrust […]

Business users vs. platforms – a (not entirely) new battle frontier

The recent complaint of Spotify against Apple is yet another case concerning the contractual relationship between online platforms and their business users that appear to arise quite often these days. In the context of these cases the business users of online platforms claim to be subject to undesired practices such discriminatory treatment and unreasonable pricing. The essence of most of these complaints […]

Abuse of dominance through data overcharges and EU competition law enforcement

The past year the EU commission and numerous competition authorities have addressed the matter of applying competition law to online platforms. The discussions concerning Facebook and Amazon have even touched upon the difficult relation between data and competition law. Despite the many debates concerning the application of competition law in digital markets, little attestation was given to the calculation of fines and damages […]

It’s raining Amazon probes: the Bundeskartellamt joins the Commission in investigating the tech giant’s marketplace practices

The investigation On 29 November 2018, the German competition authority (Bundeskartellamt) announced an investigation into Amazon’s business terms and practices on its German marketplace. The Bundeskartellamt’s president commented: Amazon is the largest online retailer and operates by far the largest online marketplace in Germany. Many retailers and manufacturers depend on the reach of Amazon’s marketplace for their online sales. Amazon functions as […]

Recap of the 2nd CoRe conference, 24 Oct. 2018

Last week CoRe, CCIA and the VUB held their second (fully booked!) conference about the challenges of competition law policy in digital markets. During the conference some of the hottest cases and questions with regard to competition policy in digital markets were discussed by experts from practice and academia. This post brings you some of the key issues that were […]

The Commission’s Amazon probe: overcoming the antitrust paradox

In a press conference on September 19th, EU Commissioner for Competition Margrethe Vestager announced a preliminary investigation into Amazon. At the heart of the potentially abusive conduct is Amazon’s ‘dual role’. One the one hand, Amazon offers a marketplace for third-party sellers to offer their products to consumers. On the other hand, Amazon offers its own products through its marketplace. The Commission’s […]

The Commission proposes a Regulation on platform-to-business trading practices

On 26 April 2018, the European Commission adopted its Proposal for a Regulation ‘on promoting fairness and transparency for business users of online intermediation services’. In short, the proposal seeks to regulate the relation between platforms and businesses by imposing a number of transparency obligations on the former. In this blog post, I will take a closer look at the […]
Anja Naumann

Blog Editor

Graduate Teaching Associate, Queen Mary University, London

>> Anja’s CoRe Blog posts >>

Daniel Mandrescu

Blog editor

Ph.D. Fellow, Europa Institute, Leiden University

>> Daniel’s CoRe blog posts >>

Friso Bostoen

Blog Editor

Ph.D. Researcher and Teaching Assistant, KU Leuven

>> Friso’s CoRe Blog posts >>

Picture Kiran Desai
Kiran Desai

Digest Editor

Partner, EU Competition Law Leader, EY Law, Brussels

>> Kiran’s CoRe Blog Case Digests >>

Picture Rita Paukste
Rita Paukste

Blog Editor

Senior Associate, Motieka & Audzevicius PLP, Vilnius

>> Rita’s CoRe Blog posts >>

- Amazon ×

Amazon/Deliveroo: Dynamic Counterfactual Analysis and the Failing-Firm Defence

Amazon logo
The economic and financial impact of the Covid-19 pandemic foreshadows an increase in the number of deals where the so-called “failing-firm defence” (“FFD”) might come under discussion, as recently demonstrated by the provisional clearance of Amazon’s investment in Deliveroo by the Competition and Markets Authority (“CMA”). This blogpost addresses the interplay between the FFD and dynamic counterfactual analysis, in light of the […]

Venture capital and antitrust: on exit strategies, killer acquisitions, and innovation harms

Venture capital (VC) is the primary source of financing for early-stage startups bringing their innovation to market. And a disproportionate amount of venture capital goes to startups in the tech sector. However, the last few years have seen a contraction in VC investment, particularly in potential competitors to incumbent digital platforms such as Facebook, Google and Amazon, which some interpret as […]

The antitrust books you should’ve read in 2019 [part 1]

While the past year may not have been spectacular on all fronts, it was a very good one when it came to the publication of antitrust books. New editions of authoritative textbooks were published, including the 7th edition of Jones & Sufrin (the 9th edition of Whish & Bailey was released in 2018). New entrants also dared challenge the incumbents: Lianos, Korah & Siciliani released their own competition […]

Amazon cases on the move: Bundeskartellamt closes proceedings while European Commission opens formal investigation

online shopping cartoon
The 17th of July has been quite the day for Amazon, at least when it comes to antitrust. Firstly, the German Competition Authority (Bundeskartellamt) has closed its abuse of dominance proceedings against Amazon in return for concessions from the online marketplace. Secondly, the European Commission announced that it was opening a formal investigation into possible anti-competitive conduct by Amazon. This blog post takes a closer […]

Abuse of relative dominance in the platform economy: a French court finds Amazon’s contracts with third-party sellers significantly imbalanced

Two years ago (before Amazon became entangled in a patchwork of investigations by competition authorities), Reuters reported: ‘France files complaint against Amazon for abuse of dominant position’. The news report did not garner a lot of attention. More surprisingly, neither did the recent judgment of the Paris Commercial Court on the complaint. As the judgment offers insight into several pressing questions presented by platform competition […]

‘We have reached “peak cloning” in Silicon Valley’: when does copying your competitor’s product become anticompetitive?

same sneakers with different price
‘We have reached “peak cloning” in Silicon Valley’, read a recent tweet by Jeff Morris Jr. (Tinder’s director of product). ‘There are no rules anymore’, the author continued, ‘if you build a product that works, Amazon or Facebook will copy it.’ The tweet was prompted by the apparent copying by Amazon of Allbirds. Allbirds is a brand famous for its merino wool […]

The return of the MFN clauses – platform ranking as an enforcement mechanism for price parity

The MFN cases of the past few years have delivered a series of uncoordinated cases that created a fragmented approach towards MFN clauses. Nowadays it would appear that there is a growing consensus in Europe that wide MFN clauses should be prohibited which, also led major platform like Expedia to abandon these pricing strategies. The recent claim put forward by […]

U.S. antitrust agencies divide jurisdiction over Big Tech and single out Google for investigation

Last year, I wrote about how the United States considers boarding the tech regulation train that has been racing through Europe. It seems that they have now taken another decisive step in that direction: the U.S. antitrust agencies have agreed that the Department of Justice (DOJ) will oversee investigations of Google and Apple, while the Federal Trade Commission (FTC) is responsible for antitrust […]

Business users vs. platforms – a (not entirely) new battle frontier

The recent complaint of Spotify against Apple is yet another case concerning the contractual relationship between online platforms and their business users that appear to arise quite often these days. In the context of these cases the business users of online platforms claim to be subject to undesired practices such discriminatory treatment and unreasonable pricing. The essence of most of these complaints […]

Abuse of dominance through data overcharges and EU competition law enforcement

The past year the EU commission and numerous competition authorities have addressed the matter of applying competition law to online platforms. The discussions concerning Facebook and Amazon have even touched upon the difficult relation between data and competition law. Despite the many debates concerning the application of competition law in digital markets, little attestation was given to the calculation of fines and damages […]

It’s raining Amazon probes: the Bundeskartellamt joins the Commission in investigating the tech giant’s marketplace practices

The investigation On 29 November 2018, the German competition authority (Bundeskartellamt) announced an investigation into Amazon’s business terms and practices on its German marketplace. The Bundeskartellamt’s president commented: Amazon is the largest online retailer and operates by far the largest online marketplace in Germany. Many retailers and manufacturers depend on the reach of Amazon’s marketplace for their online sales. Amazon functions as […]

Recap of the 2nd CoRe conference, 24 Oct. 2018

Last week CoRe, CCIA and the VUB held their second (fully booked!) conference about the challenges of competition law policy in digital markets. During the conference some of the hottest cases and questions with regard to competition policy in digital markets were discussed by experts from practice and academia. This post brings you some of the key issues that were […]

The Commission’s Amazon probe: overcoming the antitrust paradox

In a press conference on September 19th, EU Commissioner for Competition Margrethe Vestager announced a preliminary investigation into Amazon. At the heart of the potentially abusive conduct is Amazon’s ‘dual role’. One the one hand, Amazon offers a marketplace for third-party sellers to offer their products to consumers. On the other hand, Amazon offers its own products through its marketplace. The Commission’s […]

The Commission proposes a Regulation on platform-to-business trading practices

On 26 April 2018, the European Commission adopted its Proposal for a Regulation ‘on promoting fairness and transparency for business users of online intermediation services’. In short, the proposal seeks to regulate the relation between platforms and businesses by imposing a number of transparency obligations on the former. In this blog post, I will take a closer look at the […]

Do you want to share your analysis of a competition or regulatory law topic with the readers of the CoRe Blog? We invite you to submit your post on, for example: recent European, national or international judgments or legislation with relevance to EU competition law; new developments, publications, hot topics in EU competition law. The recommended length of the post is 500-2,000 words incl. references (endnotes). Your analysis will be published under the category ‘Feature’.

Here’s how you can publish a post on the CoRe Blog as a guest author:

Step 1: Submit your draft post as a Word file to coreblog[at]lexxion.eu.

Step 2: The CoRe Blog editors will review your draft to make sure its content and quality fit the blog. If needed, they will suggest what improvements you should make.

Step 3: Once your draft has been finalized and accepted, the editors will send you link to register and log-in to the CoRe Blog as guest author.

Step 4: Once you have logged-in to the blog, you can upload and publish your post.

Step 5: Enjoy the fame!

Note: If you want to write on a topic related to EU State aid law, please make the post on Lexxion’s dedicated blog State Aid Hub.

 

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