Read e-book online Competition on the Internet PDF

By Gintarė Surblytė (eds.)

Undeniably frequent and strong because it is, the web isn't almighty: it will possibly succeed in as excessive because the skies (cloud computing), however it can't get away pageant. but, safeguarding festival in “the community of networks” isn't really with out demanding situations: not just are aggressive tactics in platform-based industries complicated, so is pageant legislation research. The latter is frequently challenged via the problems in predicting the end result of festival, particularly when it comes to innovation. Do the categorical festival legislation concerns in a electronic setting presuppose a reconsideration of pageant legislations thoughts and their program? Can present pageant legislations instruments be adjusted to the frenzy velocity of dynamic industries? To what volume may perhaps festival legislations be supplemented by means of legislation – is the latter a foe or really an best friend? This publication presents an research of modern advancements within the so much proper festival legislations situations in a electronic atmosphere on each side of the Atlantic (the european and the united states) and assesses platform pageant concerns from a criminal in addition to an financial aspect of view.

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This note aims at fostering this evaluation process by presenting recent cases and identifying potential economic effects of a certain business practice employed by trade platforms and online travel agents—price-parity clauses. Firstly, it provides a brief overview of developments in the Amazon case and the HRS case: both the Amazon Marketplace and the HRS platform are heavily used by many consumers, compete with other sales channels, and, most importantly, impose price-parity clauses, prohibiting sellers/hotels that are active on these platforms from offering better sales conditions elsewhere.

Both are, therefore, specific ways of shaping the conditions of competition on a given market; both allow those granting trade mark licences or selecting distributors to create a niche for their products in which they are to some extent shielded from competition, at least more than undistinguished goods or distributors. What is more, in the case of a trade mark licence for the production of goods, as Dior had granted to SIL, there is an obvious element of selection and quality control. For this reason, too, the two cases must not be considered in isolation.

31 At first, however, publishers’ attempts seemed unsuccessful. 99, id. at 28. 27 Apparently, the MFN clause was first suggested by Apple’s in-house counsel, and was previously used in one of Apple’s wholesale music agreements, id. at 47–48. 28 Apple insisted on the price caps “as protection against excessively high prices that could either alienate [its] customers or subject [it] to ridicule”, id. at 65. 29 Id. at 61. 30 Id. at 54. 31 Steve Jobs, Apple’s CEO at that time, told his biographer Walter Isaacson that the publishers “went to Amazon and said, ‘You’re going to sign an agency contract or we’re not going to give you the books’”, id.

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