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Can computers form cartels? About the need for European institutions to revise the concertation doctrine in the information age


Gebicka, Aleksandra; Heinemann, Andreas (2016). Can computers form cartels? About the need for European institutions to revise the concertation doctrine in the information age. Journal of European Competition Law and Practice, (7):431-441.

Abstract

Traditionally, the European Commission and the European courts have considered that a concertation arises as soon as information is exchanged among competitors. That approach creates difficulties on information based markets where computers and more generally machines systematically organise such exchanges and may thus give rise to allegations of cartel infringement for their operators, despite the absence of any fraudulous intention whatsoever on the part of the latter In our opinion, such development emphasizes the need, for the European institutions, to revisit their doctrine, and their jurisprudence, on the formation of anticompetitive coordination.

Abstract

Traditionally, the European Commission and the European courts have considered that a concertation arises as soon as information is exchanged among competitors. That approach creates difficulties on information based markets where computers and more generally machines systematically organise such exchanges and may thus give rise to allegations of cartel infringement for their operators, despite the absence of any fraudulous intention whatsoever on the part of the latter In our opinion, such development emphasizes the need, for the European institutions, to revisit their doctrine, and their jurisprudence, on the formation of anticompetitive coordination.

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Additional indexing

Item Type:Journal Article, refereed, original work
Communities & Collections:02 Faculty of Law > Institute of Legal Sciences > Business Law
Dewey Decimal Classification:340 Law
Language:English
Date:2016
Deposited On:27 Dec 2016 12:00
Last Modified:01 Jan 2017 06:37
Publisher:Oxford University Press
ISSN:2041-7764
Publisher DOI:https://doi.org/10.1093/jeclap/lpw036
Related URLs:http://www.recherche-portal.ch/ZAD:default_scope:ebi01_prod010155688 (Library Catalogue)

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