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Vertical restraints and e-commerce

This article wishes to provide guidance on how the new vertical restraints linked to e-commerce should be treated and recommendations over the priorities and challenges that need to be addressed.  

By: Date: January 15, 2019 Topic: Innovation & Competition Policy

This paper has been published at Concurrences Review N° 1-2018, Art. N° 86057 www.concurrences.com and has been nominated for the 2019 Antitrust Awards. You can vote for it here.

 

In this paper, the author presents how e-commerce has affected market strategies and competition in European markets and I analyze the economic and legal aspects of vertical restraints that are commonly applied in online markets. By combining available empirical evidence with theories of harm and by reviewing relevant case law I define the main anti-competitive concerns related to each category of vertical restraints.

While the competition policy framework is adequate to address these concerns, this article wishes to provide guidance on how the new vertical restraints linked to e-commerce should be treated. It also provides recommendations over the priorities and challenges that need to be addressed.

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