Ajinkya M. Tulpule ‘Compliance And Enforcement in a Blockchain(ed) World’

This paper,  by a senior staff member of the UK’s Financial Conduct Authority, is the first attempt I know of to address the implications of the blockchain for competition law. It can be found here: https://www.competitionpolicyinternational.com/compliance-and-enforcement-in-a-blockchained-world/ The paper first defines key terms to ensure that the reader understands the main concepts related to the blockchain, which are obscure to the uninitiated – concepts such as “distributed ledger”, ‘smart contract”, and, let’s be honest, “blockchain”. A second section then lists the potential benefits of blockchain technologies in the enforcement of competition law. According to the author, the most pertinent utility of a blockchain in competition enforcement is likely to be related to obtaining and processing large volumes of transactional and non-transactional data – which can be relevant for merger control, cartel investigations and, at a minimum, for monitoring commitments in abuse of dominance matters. The third and last section is devoted to the potential of the blockchain for the implementation of competition…

Francisco Costa-Cabral, Orla Lynskey, ‘Family ties: The intersection between data protection and competition in EU law’

This article – published in (2017) Common Market Law Review 54 11 – looks at the relationship between privacy and competition law (in the EU). The authors state that, instead of getting into a discussion of whether public policy considerations regarding data privacy should be considered as part of consumer welfare, they are looking instead at the elective affinities between privacy and competition law. Curiously, they seem to reach a conclusion related to competition assessment (i.e. the impact of data protection on consumer welfare): “data protection conditions offered to individuals can reflect the parameters of quality, choice, and innovation” The paper makes two primary arguments:  that data protection law– a framework designed to identify and achieve an optimal level of personal data protection – can provide the normative guidance that competition law lacks in relation to non-price competitive parameters;  it develops a normative benchmark to assess whether certain competition law commitments and remedies should be accepted. The structure of the paper…

Massimo Motta and Chiara Fumagalli ‘On the use of price-cost tests in loyalty discounts and exclusive dealing arrangements: Which implications from economic theory should be drawn?;

You can find this paper in (2017) Antitrust Law Journal, 81(2): 537–85. The paper looks at  loyalty rebates and the use of price cost tests. It begins by describing recent European and American case law on the matter, and highlights differences in the judicial approaches on both sides of the Atlantic (i.e. the classic distinction between European formalism and American effects-based tests). The authors then distinguish between economic tests of predation and exclusionary rebates, while noting that both include common economic mechanisms that can involve sacrificing profits.In the last and most important section, they argue that rebates and contracts containing conditions regarding how much buyers purchase from rival suppliers can raise serious anti-competitive concerns. From this point of view, a stricter treatment of exclusive contracts and some loyalty discounts might be justified – which may imply that evidence of above-cost prices may work as a safe harbour for predation, but not for exclusive dealing and loyalty rebates. Overall, I think…