frederic jenny - Academia.edu (original) (raw)
Papers by frederic jenny
Conference organized by Concurrences Journal and NYU School of Law. Panel sponsors : AGON, AZB & ... more Conference organized by Concurrences Journal and NYU School of Law. Panel sponsors : AGON, AZB & Partners, Chaves, Gelman, Machado, Gilberto e Barboza Sociedade de Advogados, Cleary Gottlieb…
Keio economic studies, 1984
Journal of Antitrust Enforcement, 2021
Many of the traditional tools used by competition authorities to assess relevant markets or the i... more Many of the traditional tools used by competition authorities to assess relevant markets or the intensity of competition between firms are difficult to use or inadequate to assess competition issues between ecosystems in the digital world. Further economic thinking and an understanding of the business models of ecosystems are required to allow competition authorities to make informed and relevant decisions about competition on digital markets. This article reviews some of the challenges they face.
SSRN Electronic Journal, 2021
Competition authorities are under severe political pressure to intervene quickly against the digi... more Competition authorities are under severe political pressure to intervene quickly against the digital behemoth for a variety of reasons. Various expert reports have suggested that traditional antitrust or competition law enforcement and merger control are inadequate or insufficient to deal with competition issues in the digital sector. This paper explores the competition issues raised by digital platforms and ecosystems, the extent to which these issues can be dealt with by competition law and whether regulation could be a complement or a substitute to competition law enforcement. The paper is divided into three sections. In the first section we look at the economics of digital platforms and ecosystems and their business models. In the second part, we analyze the main challenges faced by competition authorities when they apply their traditional analytical tools to antitrust or merger control cases in the digital sector. The third part compares the EU Digital Market Act proposal to regulate Gatekeeper platforms and the UK proposal to establish an enforceable code of conduct to govern the behaviour of platforms funded by digital advertising that are designated as having strategic market status (SMS). We conclude with a research agenda to help competition authorities avoid the risks of inadvertently giving in to the political pressure of economic populism or ideology or issuing misguided decisions which may be ineffective or, even worse, restrict competition or innovation in the digital sector.
Fordham International Law Journal, 2015
This Article details the evolution of the commitment decisions, analyzes the logic and the conseq... more This Article details the evolution of the commitment decisions, analyzes the logic and the consequences of the Alrosa Court judgment, and offers some suggestions on how to establish a better equilibrium between the legitimate objective of promoting the effectiveness of the Commission by allowing it enough flexibility to end cases when competition could be restored rapidly and without major expense thanks to the cooperation of investigated firms, while respecting the necessity to ensure that the effectiveness of enforcement remains compatible with three goals: developing a robust competition law jurisprudence to ensure legal predictability, particularly in abuse of dominance cases; ensuring that chosen remedies are not only the most effective to solve a case but also the most efficient way to restore competition on the affected markets; and offering investigated firms willing to cooperate with the Commission an adequate level of procedural rights.
Fordham International Law Journal, 2015
This Article details the evolution of the commitment decisions, analyzes the logic and the conseq... more This Article details the evolution of the commitment decisions, analyzes the logic and the consequences of the Alrosa Court judgment, and offers some suggestions on how to establish a better equilibrium between the legitimate objective of promoting the effectiveness of the Commission by allowing it enough flexibility to end cases when competition could be restored rapidly and without major expense thanks to the cooperation of investigated firms, while respecting the necessity to ensure that the effectiveness of enforcement remains compatible with three goals: developing a robust competition law jurisprudence to ensure legal predictability, particularly in abuse of dominance cases; ensuring that chosen remedies are not only the most effective to solve a case but also the most efficient way to restore competition on the affected markets; and offering investigated firms willing to cooperate with the Commission an adequate level of procedural rights.
Industrial and Corporate Change
The paper analyzes the challenges faced by competition authorities with respect to the digital se... more The paper analyzes the challenges faced by competition authorities with respect to the digital sector. Borrowing insights from the business policy literature and from the economic literature, the paper first analyzes the specificities of digital firms (multi-sided platforms and ecosystems) with respect to their development and competitive strategies. Building on this foundation the paper explores some of the challenges of applying traditional competition analysis to competition in the business sector. We then discuss a number of issues relevant to competition law enforcement in the digital sector starting with the role of data, competition within ecosystems and between ecosystems, consumer biases, and the role of gatekeepers. We conclude with a research agenda for economists and competition authorities.
Fordham International Law Journal, 1997
This Article discusses the Conseil de la Concurrence (”Conseil”), established by the December 198... more This Article discusses the Conseil de la Concurrence (”Conseil”), established by the December 1986 Ordinance on the Freedom of Prices and Competition. It provides an examination of the case law on media competition issues in France and suggests that such issues raise complex questions and that great caution must be exercised when applying competition law in this sector.
Political Institutions: Federalism & Sub-National Politics eJournal, 2006
This paper analyzes the responses to the European CommissionA¢â‚¬â„¢s consultation document on St... more This paper analyzes the responses to the European CommissionA¢â‚¬â„¢s consultation document on State aid, presents the main areas of dissatisfaction, and the extent to which answers to the expressed dissatisfaction can be found in the State Aid Action Plan or the comments of Philip Lowe. The paper then explores the pros and cons of a decentralization of EC State aid policy.
This note focuses on the A¢â‚¬A“refusal to dealA¢â‚¬Â part of the CFI's Microsoft decision to... more This note focuses on the A¢â‚¬A“refusal to dealA¢â‚¬Â part of the CFI's Microsoft decision to derive some conclusions on the advisability and the possibility for the European Commission to adopt guidelines on the enforcement of Article 82.
The Antitrust Bulletin
In their book Making Markets Work for Africa, Eleanor Fox and Mor Bakhoum argue that competition ... more In their book Making Markets Work for Africa, Eleanor Fox and Mor Bakhoum argue that competition law and policy can be made more relevant for the inclusive growth of developing countries if a bottom-up approach is followed. They suggest that the most detrimental obstacles to competition faced by each country differ with their stage of economic development and that national competition laws should therefore be designed so as to allow each country to address the specific challenges it faces. This essay discusses the approach of the authors and points to some areas where further research is warranted in light of the recent experience of Sub-Saharan African countries.
The Japanese Economic Review
LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition, 2015
International Law and Economics, 2016
Conference organized by Concurrences Journal and NYU School of Law. Panel sponsors : AGON, AZB & ... more Conference organized by Concurrences Journal and NYU School of Law. Panel sponsors : AGON, AZB & Partners, Chaves, Gelman, Machado, Gilberto e Barboza Sociedade de Advogados, Cleary Gottlieb…
Keio economic studies, 1984
Journal of Antitrust Enforcement, 2021
Many of the traditional tools used by competition authorities to assess relevant markets or the i... more Many of the traditional tools used by competition authorities to assess relevant markets or the intensity of competition between firms are difficult to use or inadequate to assess competition issues between ecosystems in the digital world. Further economic thinking and an understanding of the business models of ecosystems are required to allow competition authorities to make informed and relevant decisions about competition on digital markets. This article reviews some of the challenges they face.
SSRN Electronic Journal, 2021
Competition authorities are under severe political pressure to intervene quickly against the digi... more Competition authorities are under severe political pressure to intervene quickly against the digital behemoth for a variety of reasons. Various expert reports have suggested that traditional antitrust or competition law enforcement and merger control are inadequate or insufficient to deal with competition issues in the digital sector. This paper explores the competition issues raised by digital platforms and ecosystems, the extent to which these issues can be dealt with by competition law and whether regulation could be a complement or a substitute to competition law enforcement. The paper is divided into three sections. In the first section we look at the economics of digital platforms and ecosystems and their business models. In the second part, we analyze the main challenges faced by competition authorities when they apply their traditional analytical tools to antitrust or merger control cases in the digital sector. The third part compares the EU Digital Market Act proposal to regulate Gatekeeper platforms and the UK proposal to establish an enforceable code of conduct to govern the behaviour of platforms funded by digital advertising that are designated as having strategic market status (SMS). We conclude with a research agenda to help competition authorities avoid the risks of inadvertently giving in to the political pressure of economic populism or ideology or issuing misguided decisions which may be ineffective or, even worse, restrict competition or innovation in the digital sector.
Fordham International Law Journal, 2015
This Article details the evolution of the commitment decisions, analyzes the logic and the conseq... more This Article details the evolution of the commitment decisions, analyzes the logic and the consequences of the Alrosa Court judgment, and offers some suggestions on how to establish a better equilibrium between the legitimate objective of promoting the effectiveness of the Commission by allowing it enough flexibility to end cases when competition could be restored rapidly and without major expense thanks to the cooperation of investigated firms, while respecting the necessity to ensure that the effectiveness of enforcement remains compatible with three goals: developing a robust competition law jurisprudence to ensure legal predictability, particularly in abuse of dominance cases; ensuring that chosen remedies are not only the most effective to solve a case but also the most efficient way to restore competition on the affected markets; and offering investigated firms willing to cooperate with the Commission an adequate level of procedural rights.
Fordham International Law Journal, 2015
This Article details the evolution of the commitment decisions, analyzes the logic and the conseq... more This Article details the evolution of the commitment decisions, analyzes the logic and the consequences of the Alrosa Court judgment, and offers some suggestions on how to establish a better equilibrium between the legitimate objective of promoting the effectiveness of the Commission by allowing it enough flexibility to end cases when competition could be restored rapidly and without major expense thanks to the cooperation of investigated firms, while respecting the necessity to ensure that the effectiveness of enforcement remains compatible with three goals: developing a robust competition law jurisprudence to ensure legal predictability, particularly in abuse of dominance cases; ensuring that chosen remedies are not only the most effective to solve a case but also the most efficient way to restore competition on the affected markets; and offering investigated firms willing to cooperate with the Commission an adequate level of procedural rights.
Industrial and Corporate Change
The paper analyzes the challenges faced by competition authorities with respect to the digital se... more The paper analyzes the challenges faced by competition authorities with respect to the digital sector. Borrowing insights from the business policy literature and from the economic literature, the paper first analyzes the specificities of digital firms (multi-sided platforms and ecosystems) with respect to their development and competitive strategies. Building on this foundation the paper explores some of the challenges of applying traditional competition analysis to competition in the business sector. We then discuss a number of issues relevant to competition law enforcement in the digital sector starting with the role of data, competition within ecosystems and between ecosystems, consumer biases, and the role of gatekeepers. We conclude with a research agenda for economists and competition authorities.
Fordham International Law Journal, 1997
This Article discusses the Conseil de la Concurrence (”Conseil”), established by the December 198... more This Article discusses the Conseil de la Concurrence (”Conseil”), established by the December 1986 Ordinance on the Freedom of Prices and Competition. It provides an examination of the case law on media competition issues in France and suggests that such issues raise complex questions and that great caution must be exercised when applying competition law in this sector.
Political Institutions: Federalism & Sub-National Politics eJournal, 2006
This paper analyzes the responses to the European CommissionA¢â‚¬â„¢s consultation document on St... more This paper analyzes the responses to the European CommissionA¢â‚¬â„¢s consultation document on State aid, presents the main areas of dissatisfaction, and the extent to which answers to the expressed dissatisfaction can be found in the State Aid Action Plan or the comments of Philip Lowe. The paper then explores the pros and cons of a decentralization of EC State aid policy.
This note focuses on the A¢â‚¬A“refusal to dealA¢â‚¬Â part of the CFI's Microsoft decision to... more This note focuses on the A¢â‚¬A“refusal to dealA¢â‚¬Â part of the CFI's Microsoft decision to derive some conclusions on the advisability and the possibility for the European Commission to adopt guidelines on the enforcement of Article 82.
The Antitrust Bulletin
In their book Making Markets Work for Africa, Eleanor Fox and Mor Bakhoum argue that competition ... more In their book Making Markets Work for Africa, Eleanor Fox and Mor Bakhoum argue that competition law and policy can be made more relevant for the inclusive growth of developing countries if a bottom-up approach is followed. They suggest that the most detrimental obstacles to competition faced by each country differ with their stage of economic development and that national competition laws should therefore be designed so as to allow each country to address the specific challenges it faces. This essay discusses the approach of the authors and points to some areas where further research is warranted in light of the recent experience of Sub-Saharan African countries.
The Japanese Economic Review
LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition, 2015
International Law and Economics, 2016