The Kluwer Competition Law Blog is very happy to announce the first competition law issue of the International Law Talk Podcast. Just before Christmas, I talked to Gabriella Muscolo, Commissioner of the Italian Competition Authority, a specialist for big data, IP and competition law. We covered the whole bandwidth of big data and competition law,…

“I’ve been wondering how to give a metaphor because these are two quite complex proposals. And the best thing I came to think of was the first-ever traffic light that brought order in the streets, that was actually in the US, in Cleveland Ohio. And that was invented as a response to a major technological…

On 10 December 2020, the Dutch Authority for Consumers & Markets (ACM) announced that it has launched a pilot investigation into the role of algorithms in commercial interactions between market players and the impact on market behaviour these algorithms may have. The ACM intends to put this knowledge to use in order to inform market…

I. Introduction Algorithms may raise competition concerns especially when assessing collusive practices. Very often, the term “algorithm” is used improperly. When we imagine the cartels of the future, we are not talking, in fact, about a simple “algorithm”, which in itself is a neutral instrument. Rather, we refer to much more specific techniques for implementing…

The Competition Commission of India (CCI) has released Interim Observations for a market study being conducted by it to understand qualitative aspects of e-commerce in India.[1] It has outlined its scope to understand the market landscape, strategies and issues arising thereunder, without undertaking an examination of breach of competition law.[2] So far, it has divided…

The Competition Commission of India (hereinafter ‘Commission’) has recently passed an order under Section 26(2) of the Competition Act, 2002 (hereinafter ‘Act’), wherein it has held that there exists no prima facie case against drivers of cab aggregator for involvement of cartel activity/conduct through Ola/Uber’s platform. In Samir Agrawal v ANI Technologies Pvt. Ltd[1], the…

I. Introduction to the internet consultation On 19 December 2018 the Dutch Ministry of Economic Affairs and Climate (“Ministry”) started an internet consultation on competition law and online platforms, in particular on the question whether additional regulation is required to deal with the challenges these platforms bring. Online platforms, such as Google, Amazon and Facebook,…

The CMA’s recent “economic working paper” on the use of algorithms to facilitate collusion and personalised pricing follows on the heels of other work in this area (including by CMA) but is a bit different because it focuses on economic evidence and analysis. While there is nothing in it about the ‘lawfulness’ of a given…

The Promises of a digital algorithm economy The digital world has overtaken its offline counterparts in most aspects and is only expected to grow by leaps and bounds due to its economic efficiency features. Take online commerce for instance. It promotes greater transparency, ensures dissemination of symmetric information and ease of doing business. It allows…