World Competition Law and Economics Review Volume 48, Issue 1, 2020
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:
Alba Ribera Martinez, The Credibility of the DMA’s Compliance Reports
The institutional setting of the Digital Markets Act (DMA) (Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828, OJ L 265, 12 October 2022.) The DMA’s institutional setting (Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector, and amending Directives (EU) 2019/1937, OJ L 265, 12 October 2022. To make fundamental changes to digital business models. The deterrence framework is replaced by an instrument that relies on the cooperation of private and public actors. Private undertakings, termed as gatekeepers, bear the burden of submitting compliance reports to the European Commission detailing their technical implementation of the regulation.
Following the compliance reports submitted by the seven gatekeepers in 2024, the paper seeks to clarify their role as stemming from their practical significance. The paper outlines the legal framework as well as the requirements for the submission of these compliance reports. The paper then maps the gatekeeper’s strategies for compliance and measures them against the benchmark of credibility. The paper takes a nuanced view of the procedural yardstick that the enforcer will use in future enforcement actions. The principle of ne-bis-in-idem is about to be challenged in different ways. This article describes the current legal framework for the prohibition of double-jeopardy under EU (competition law) in relation to the larger picture of diverging approaches in competition law or regulation in the digital domain. The article then identifies scenarios for possible PPs based on the different (EU- and national-level) provisions and illustrates potential frictions through hypothetical case studies. These will be examined in more detail according to the current law and illustrated the different arguments on how to handle such conflicts. This article aims to demonstrate that, while the current legal framework can be used, the most important factor in many scenarios of PPs is the notion of idem. That is, more specifically, the element of identity of facts. Melvin Tjon Akon – What is FRANDT? Understanding the Regulation of Price Power in the Single Market of ESG Ratings
The European Co-legislators adopted the Regulation on Transparency and Integrity of Environmental, Social and Governance rating activities (ESGR). As a result, providers are facing considerable legal uncertainty. As a consequence, providers are facing considerable legal uncertainty.
This article applies established interpretation methods, including a comparative analysis using other FRAND(T) rules in the body of European Union financial and digital regulation, to guide the interpretation of the pricing rule in practice.
Na Wang, Caroline Buts & Marc Jegers, A Systematic Literature Review on Mergers, Acquisitions, and Other Foreign Direct Investment by Chinese Firms in the EU
Over the past twenty years, Chinese investments in the EU have significantly increased. The number of Chinese investments in the EU has increased significantly over the past twenty years. These concerns are often related to unfair competition and national safety. This paper uses a PRISMA method to analyse the literature on Chinese mergers and acquisitions and other foreign direct investment (FDI) in the EU. It also presents a neutral overview of current state of art. Our research focuses on: (1) the theoretical frameworks used, (2) the motivations for Chinese companies to engage M&A or FDI within the EU, (3) the effects studied, (4) the types of Chinese firms that engage in M&A or FDI within the EU, (5) the empirical data and methods. Our main conclusions indicate that Dunning’s theories of Ownership, Localization, Internalization and Motivation will continue to be used as the primary theoretical frameworks. Chinese companies are primarily driven by market opportunities, growth and supply chain, but political motives have also been extensively discussed. The literature cites substantial financial support by the Chinese government as a key enabling factor. After recent geopolitical shifts, the EU is more closely monitoring Chinese investments, taking into account security, strategic autonomy, and fair competition.
Francisco E. Beneke Avila. Competition Law in Latin America, and Global Greenhouse Gas Emissions, The Way Forward
The Latin American Region is rich in minerals, such as copper and lithium, that are crucial for the global switch to clean energy. It is also home to the world’s largest rain forest, and has The region could benefit from the development of green hydrogen, a source of energy that can play a major role in the energy transitions for industries like steel production. The region is therefore of strategic importance to the global effort to reduce greenhouse gas (GHG), which is required to keep global temperatures below 1.5 degrees Celsius, as set out in the Paris Agreement. This paper gives an overview of possible market power issues associated with the development and use of this potential. These include high concentrations of mining, refining, and food value chains, which may be driving the deforestation of the Amazon. The paper sketches antitrust interventions that do not need to change the current goals and analytical framework for competition law enforcement, as well as interventions which would require a change. It also identifies areas where future research is needed to inform policy changes. The Case of the GCC Countries
This research aims to investigate the comprehensiveness of the competition laws in the Gulf Cooperation Council (GCC) countries. The study covers six countries, including Bahrain, Kuwait Oman, Qatar Saudi Arabia and the United Arab Emirates. Comparative and gap analyses were used to identify the gaps in these countries’ competition laws when compared with best-practice laws. The analysis focuses on four key areas, including (1) Authority Provisions (2) Merger Control (3) Abuse of Dominance and (4) Anticompetitive Agreements. The results show that the GCC countries’ competition laws have a high ratio of provisions establishing legal and institutional frameworks that ensure fair competition on the market. There are significant differences in coverage between countries, which highlights the need for harmonization of these laws and improvements, especially given the GCC’s common market arrangement.
