In digital markets, concentrated Big Data and analytical algorithms enable undertakings to predic... more In digital markets, concentrated Big Data and analytical algorithms enable undertakings to predict each consumer’s willingness to pay with increasing accuracy and offer consumers personalized recommendations and tailored prices accordingly. In this context, concerns have arisen about whether and when AI-enabled price discrimination amounts to an abuse of dominance under competition law and would require a legal response. To address these concerns, this paper will analyze AI-enabled price discrimination from a comparative law and economics perspective. In economics, price discrimination is not always undesirable as it can increase static efficiency, and, on some occasions, it can promote dynamic efficiency and boost consumer welfare. Nevertheless, it may also lead to exclusionary and exploitative effects, especially once Tech Giants abuse their dominant positions in relevant markets. Since the protection of free competition and consumer welfare are objectives of competition law in Ch...
Preface. Members of the Commissions on European Contract Law. Introduction. Survey of Chapters 1-... more Preface. Members of the Commissions on European Contract Law. Introduction. Survey of Chapters 1-9. List of Abbreviations. Text of Articles in English and French. Concordance. 1: General Provisions. Section 1. Scope of the Principles. Section 2. General Duties. Section 3. Terminology and Other Provisions. 2: Formation. Section 1. General Provisions. Section 2. Offer and Acceptance. 3. Liability for negotiations. 3: Authority of Agents. Section 1. General Provisions. Section 2. Direct Representation. Section 3. Indirect Representation. 4: Validity. 5: Interpretation. 6: Contents and Effects. 7: Performance. 8: Non-Performance and Remedies in General. 9: Particular Remedies for Non-Performance. Section 1. Right To Performance. Section 2. Withholding Performance. Section 3. Termination of the Contract. Section 4. Price Reduction. Section 5. Damages and Interest. Bibliography. Table of Cases. Table of Code Provisions and Legislation. Index.
The Draft Common Frame of Reference and the private enforcement of EU competition law are both ho... more The Draft Common Frame of Reference and the private enforcement of EU competition law are both hot topics in respectively European Private Law and European Competition Law. Both projects may lead to EU legislation in the short to medium term. Although they deal to a certain extent with the same problems, mutual influences seem to have been limited. This contribution intends to increase awareness of the danger this entails for the coherency of a future European private law. The differences between the two projects range from issues of a rather quantitative nature, such as the importance attached to the compensation for damage caused by competition law infringements over fundamental aspects such as the basic structure of non-contractual liability and the functions of this type of liability, to technical aspects such as the duration of the limitation period. However, as is often the case in law, the differences between the two views are not (always) a matter of black and white. Althoug...
Dit artikel biedt een analyse van de wet Consumentenkoop een jaar na de invoering. Het artikel is... more Dit artikel biedt een analyse van de wet Consumentenkoop een jaar na de invoering. Het artikel is onderverdeeld in zes hoofdstukken: toepassingsgbied, wettelijke garantie, commerciele garantie, dwingend karakter, overgangsrecht en een jaar toepassing.This article provides an analysis of the Consumer Sales Act after one year of application an contains six chapters: scope of application, legal warranty, commercial warranty, imperative nature, transition rules, one year of application.
Based on the preceding research reports and some additional sources, this concluding chapter will... more Based on the preceding research reports and some additional sources, this concluding chapter will horizontally compare the EU and Chinese rules on procedural rights in competition law. In line with the sequence of the previous chapters, we will deal, principally, with merger proceedings and, subsequently, with infringement procedures.
In digital markets, concentrated Big Data and analytical algorithms enable undertakings to predic... more In digital markets, concentrated Big Data and analytical algorithms enable undertakings to predict each consumer’s willingness to pay with increasing accuracy and offer consumers personalized recommendations and tailored prices accordingly. In this context, concerns have arisen about whether and when AI-enabled price discrimination amounts to an abuse of dominance under competition law and would require a legal response. To address these concerns, this paper will analyze AI-enabled price discrimination from a comparative law and economics perspective. In economics, price discrimination is not always undesirable as it can increase static efficiency, and, on some occasions, it can promote dynamic efficiency and boost consumer welfare. Nevertheless, it may also lead to exclusionary and exploitative effects, especially once Tech Giants abuse their dominant positions in relevant markets. Since the protection of free competition and consumer welfare are objectives of competition law in Ch...
Preface. Members of the Commissions on European Contract Law. Introduction. Survey of Chapters 1-... more Preface. Members of the Commissions on European Contract Law. Introduction. Survey of Chapters 1-9. List of Abbreviations. Text of Articles in English and French. Concordance. 1: General Provisions. Section 1. Scope of the Principles. Section 2. General Duties. Section 3. Terminology and Other Provisions. 2: Formation. Section 1. General Provisions. Section 2. Offer and Acceptance. 3. Liability for negotiations. 3: Authority of Agents. Section 1. General Provisions. Section 2. Direct Representation. Section 3. Indirect Representation. 4: Validity. 5: Interpretation. 6: Contents and Effects. 7: Performance. 8: Non-Performance and Remedies in General. 9: Particular Remedies for Non-Performance. Section 1. Right To Performance. Section 2. Withholding Performance. Section 3. Termination of the Contract. Section 4. Price Reduction. Section 5. Damages and Interest. Bibliography. Table of Cases. Table of Code Provisions and Legislation. Index.
The Draft Common Frame of Reference and the private enforcement of EU competition law are both ho... more The Draft Common Frame of Reference and the private enforcement of EU competition law are both hot topics in respectively European Private Law and European Competition Law. Both projects may lead to EU legislation in the short to medium term. Although they deal to a certain extent with the same problems, mutual influences seem to have been limited. This contribution intends to increase awareness of the danger this entails for the coherency of a future European private law. The differences between the two projects range from issues of a rather quantitative nature, such as the importance attached to the compensation for damage caused by competition law infringements over fundamental aspects such as the basic structure of non-contractual liability and the functions of this type of liability, to technical aspects such as the duration of the limitation period. However, as is often the case in law, the differences between the two views are not (always) a matter of black and white. Althoug...
Dit artikel biedt een analyse van de wet Consumentenkoop een jaar na de invoering. Het artikel is... more Dit artikel biedt een analyse van de wet Consumentenkoop een jaar na de invoering. Het artikel is onderverdeeld in zes hoofdstukken: toepassingsgbied, wettelijke garantie, commerciele garantie, dwingend karakter, overgangsrecht en een jaar toepassing.This article provides an analysis of the Consumer Sales Act after one year of application an contains six chapters: scope of application, legal warranty, commercial warranty, imperative nature, transition rules, one year of application.
Based on the preceding research reports and some additional sources, this concluding chapter will... more Based on the preceding research reports and some additional sources, this concluding chapter will horizontally compare the EU and Chinese rules on procedural rights in competition law. In line with the sequence of the previous chapters, we will deal, principally, with merger proceedings and, subsequently, with infringement procedures.
The implementation of the Directive significantly facilitates access to documents in particular w... more The implementation of the Directive significantly facilitates access to documents in particular where documents in the file of the competition authority. Before the implementation of the damages directive all access to such documents was excluded. It was even considered an infringement of professional secrecy, a criminal offence, for members of the competition authority and its staff to provide such access. Since the implementation of the Directive only leniency statements and settlement submissions in the competition authority’s file enjoy absolute protection. Access to other documents in the competition authority’s file can be permitted after the authority has closed its proceedings. Also the presumption that cartels cause damage will facilitate the position of claimants. Once it is proven that an infringement of the law caused damage, the court is permitted to assess the amount of the damage according to reasonableness and fairness, ex aequo et bono. In the well-known Otis case, the European Commission’s claim for damages against cartelizing lift producers failed inter alia because the court considered that it had not been proven that damage was caused by the cartel. Difficulties are, however, expected to result from the use of the concept of the undertaking when indicating the infringer of the competition rules and seemingly the entity liability for damage caused thereby.
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Also the presumption that cartels cause damage will facilitate the position of claimants. Once it is proven that an infringement of the law caused damage, the court is permitted to assess the amount of the damage according to reasonableness and fairness, ex aequo et bono. In the well-known Otis case, the European Commission’s claim for damages against cartelizing lift producers failed inter alia because the court considered that it had not been proven that damage was caused by the cartel.
Difficulties are, however, expected to result from the use of the concept of the undertaking when indicating the infringer of the competition rules and seemingly the entity liability for damage caused thereby.