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Hans W. Friederiszick gave a presentation at the Antitrust Enforcement seminar in Oxford. He presented most recent figures on private litigation activity in Europe, specifically exploring the recent trend towards early settlements (based on joint work with Michael Rauber from E.CA).
View the programme of the Symposium here.
Hans W. Friederiszick discussed together with Andreas Mundt, Trevor Soames and Nicolas Petit recent developments regarding enforcement practice on rebates in Europe. Hans presentation (jointly produced with Linda Gratz from E.CA) specifically explored the merits of the As Efficient Competitor Test.
More information about the conference can be found here.
His presentation can be viewed here.
Hans W. Friederiszick and Ela Glowicka published an article on the Journal of Antitrust Enforcement. The article maps out the alignment of characteristics of products targeted by recent antitrust enforcement in Europe with the likelihood of free-rider effects taking place. Specifically in the case of products with search and experience characteristics, intensive enforcement activity despite prevalent free-riders were found.
Competition policy in modern retail markets
Abstract: This article assesses the relevance of efficiencies and other justifications in recent Article 102 TFEU cases. Based on a review of all EU decisions and openings between 2009 and mid-2013, we find that procompetitive justifications still play an unsatisfactory role in the EU Commission’s evaluations, except in IT-related abuse cases. This stands in contrast to the policy goals expressed during the reform phase (from 2005 to 2009), the Guidance Paper, and the increasing relevance of efficiency considerations in merger proceedings. We argue that this development is due to a malfunctioning of the balancing test—that is, the weighting of pro- and anticompetitive effects, as pro- and anticompetitive effects are often non-separable and non-monotone in Article 102 TFEU cases. Policy options are discussed, and it is argued that a fully integrated analysis is the only policy option fully addressing the problem.
View the external abstract here