Rennato Nazzini ‘Fresh evidence on appeal in two-tier administrative enforcement systems’ and Despoina Mantzari ‘Navigating the admission of evidence on appeal’ (2018) Journal of Antitrust Enforcement 6(2) 281

A second and third paper contain a discussion between two scholars – Rennato Nazzini and Despoina Mantzari – on whether an appellant should be able to introduce fresh evidence during a judicial review before a court. The discussion concerns a decision by the UK’s Competition Appeal Tribunal (CAT) in Ping Europe Ltd v Competition and Markets Authority (CMA) – the CAT’s first decision on the admission of new evidence in appeal proceedings on the basis of rule 21(2) of the CAT Rules 2015. This was a ruling on an application by the CMA to exclude certain evidence adduced by Ping that, in the CMA’s view, Ping could and should have adduced during the administrative proceedings. The facts were as follow. The CMA claimed that Ping had infringed the Chapter I prohibition and Article 101 TFEU by prohibiting online sales of its golf equipment. In response to the statement of objections (SO), Ping argued, among other things, that its prohibition on…

David Evans ‘The Economics of Attention Markets’

This paper – which can be found here – describes the fundamental economic features of the markets where attention platforms acquire time from consumers, and then sell access to that time to advertisers who want to deliver messages to those consumers – and introduces an economic framework that should assist in the application of competition law in these markets. It is structured as follows: Section II introduces an economic framework for analysing the allocation of time by consumers, which is one of the main competitive vectors in certain platform markets. It begins by describing the amount of time that American consumers spend consuming content on ad-supported media. It then relies on the economic theory of household production to analyse the value to consumers of the time they spend on such media. In the basic model, people derive utility from a range of household activities, each of which consists of a combination of market goods and time spent on them. People…

David Evans  ‘Why the Dynamics of Competition for Online Platforms Lead to Sleepless Nights but Not to Sleepy Monopolies’

This paper – which can be found here – makes more use of the dismal science than the paper above, but makes a similar point: claims that online platforms have secured permanent monopolies protected by barriers to entry arising from network effects and stockpiles of data are inconsistent with economics, the technology literature, and the history of online competition. The paper is structured as follows: Section I provides an Introduction. It notes that: “The record is replete with forecasts, soon proved wrong and then forgotten, that winners that took all, or most, were unbeatable’. Furthermore, there are four reasons why comparison to old staid corporate giants is unsuited to online platforms. First, turbulent waves of disruptive innovation have constantly shaken the business models of platform leaders and opened new avenues for entry and competition since the dawn of the digital age. Second, online platforms pegged as leaders in one area compete with each other in many other areas. They identify…

Ariel Ezrachi ‘The Ripple Effects of Online Marketplace Bans’ (2017) World Competition 40(1) 47

This paper – which you can find here – assesses the economic and legal implications of online marketplace bans in order to determine what treatment they should be subject to under competition law. The discussion opens in Chapter 2 with a review of different types of online marketplaces. Online marketplaces bring together large numbers of sellers and buyers, and in doing so facilitate dynamic competition, both in relation to greater inter-brand competition and in relation to intra-brand competition. Nonetheless, there are various types of such marketplaces, which could be distinguished on the basis of their particular characteristics. These include: (a) whether online marketplaces are pure or hybrid intermediaries (pure intermediaries are merely platforms for buyers and sellers, while hybrid intermediaries provide a sales platform but also act as retailers on their own platform); (b) open or closed marketplaces (any seller can gain access to an open marketplace, while closed marketplaces impose access restrictions); (iii) the type and quality of the interface on…