It is becoming increasingly common for companies to set prices for their products automatically using algorithms. One recent study found evidence of more than 500 sellers using algorithmic pricing on Amazon marketplace (see here). The Commission’s Preliminary Report on the E-commerce Sector Inquiry also reported use of automatic price adjustments (see paragraph 552). There are…
Austria will introduce a transaction value merger notification threshold, which will enter into force on 1 November 2017. The draft law and explanatory notes are available here (in German). In essence, transactions with a transaction value of more than € 200 million, provided the target has “significant” activities in Austria, will potentially require notification. The…
Hurtling 175 meters below the Franco-Swiss border at near light speed are compact beams of particles, guided by superconducting electromagnets cooled to a temperature colder than outer space itself. At the world’s largest and most powerful particle accelerator, the Large Hadron Collider, physicists are searching for an elusive but all-embracing theory to unite quantum mechanics and general…
With her delivery of the UK’s Article 50 notice on March 29, Theresa May has launched the two-year negotiating process leading to the first exit of a Member State from the European Union (EU). The negotiations will affect virtually every economic and policy area in Europe, including competition policy. These effects will be felt first…
On 31 March 2017, the German Federal Council (Bundesrat) has voted in favour of passing the ninth amendment to the Act against Restraints of Competition (ARC) (Gesetz gegen Wettbewerbsbeschränkungen). According to the 31 March plenary report[1], the draft law is now about to be presented to the president for signature and will enter into force…
Will Germany establish a “Digital Agency” to monitor compliance with competition law rules in digital markets? Will a German “Digital Antitrust Enforcer” become a role model for a European protectionist approach against American and Asian platform providers? The German Federal Ministry for Economic Affairs and Energy seems to see a pressing need for regulation in…
Following the Parliament’s approval in early March, the Federal States Council, Germany’s second legislative chamber, has approved the most recent reform to German competition law on March 31, 2017. The new law will enter into force upon publication in the German official journal, presumably end of April/beginning of May. The reform was triggered by the…
On 22 March 2017, the European Commission issued a proposal for a Directive to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market. The proposed Directive, if adopted, would entail the most significant reform of the antitrust rules in the European…
Sharing economy firms are disrupting traditional industries across the globe. As Tom Goodwin once put it: “Uber, the world’s largest taxi company, owns no vehicles. Facebook, the world’s most popular media owner, creates no content. Alibaba, the most valuable retailer, has no inventory. And Airbnb, the world’s largest accommodation provider, owns no real estate. Something…
The European Competition Commissioner Margrethe Vestager has emphasised two important developments for EU antitrust enforcement, which have emerged from technological advancements: The Commission is taking proactive steps to consider whether the increasing reliance on computers to handle business processes and decisions raises competition law issues. One area of current concern is the use of algorithms, in…
