By Gintarė Surblytė (eds.)
Undeniably common and robust because it is, the web isn't really almighty: it could succeed in as excessive because the skies (cloud computing), however it can't break out festival. but, safeguarding festival in “the community of networks” isn't really with no demanding situations: not just are aggressive methods in platform-based industries complicated, so is festival legislation research. The latter is usually challenged by means of the problems in predicting the result of festival, specifically when it comes to innovation. Do the categorical festival legislation matters in a electronic surroundings presuppose a reconsideration of pageant legislations options and their program? Can present pageant legislations instruments be adjusted to the push velocity of dynamic industries? To what quantity may possibly pageant legislation be supplemented via law – is the latter a foe or quite an best friend? This ebook offers an research of contemporary advancements within the such a lot proper festival legislations instances in a electronic surroundings on each side of the Atlantic (the ecu and the united states) and assesses platform pageant matters from a criminal in addition to an monetary aspect of view.
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The Court’s case law has more than once left unreconciled contradictory strands in the case law. This is often because the Court arrives at solutions ad hoc rather than based on systematic reasoning or with a design that integrates and harmonises principles and outcomes across a number of subjectmatters. Free movement of goods, intellectual property, and competition would be ideal candidates for the application of such an approach, but the case law can be erratic and rhapsodic at times. 59 See on the permissibility of this Joined Cases C-2/01 P and C-3/01 P Bundesverband der Arzneimittel-Importeure and Commission of the European Communities v Bayer (“Adalat”)  ECR I-23, paras 83–89, 102–103, 110, 123, 141; Sot.
Firstly, it provides a brief overview of developments in the Amazon case and the HRS case: both the Amazon Marketplace and the HRS platform compete with other sales channels and have imposed price-parity clauses, prohibiting their members from offering better sales conditions elsewhere. Secondly, this note summarizes economic insights on priceparity clauses, building on a particular game-theoretic model that matches certain characteristics of these “platform markets” and exposing further potential effects that have been (partly) identified by previous literature in related contexts.
In the dissenting opinion written in the already mentioned Leegin case, Justice Breyer argued54 that there had not been any significant change in circumstances in the past several decades that might have supported the majority’s intention to overrule the per se rule against resale price maintenance as framed in Dr. 55 Possibly, the advent of online retailing, although largely ignored in that case,56 could have stood for such a relevant “change in circumstances” likely to make the occurrence of free riding more plausible.
Competition on the Internet by Gintarė Surblytė (eds.)