Archive for December 13th, 2010
New paper on ssrn
Here’s a link to a new paper which I just finalized with my good friend David Henry (Howrey). The paper will appear in the book on vertical restraints that I am currently editing with Charles Gheur, as a follow up to our conference last year.
Its main added value is, I believe, to offer a stepwise method to self-assess vertical agreements. Beyond this, the paper offers a few critical perspectives on selected issues. It contends in particular that (i) the double market share threshold is certainly a nice idea on paper, but that it does not pass the practicability test, especially for small firms involved in vertical agreeements; (ii) the new framework marks a clear extension of the scope of EU competition law, in particular because it turns buyer power upside down (from a pro-competitive factor to an anticompetitive one).
Finally, I cannot resist to share a moment of happiness with you. I learned today that Anne Perrot and Jean-François Bellis will use my paper on the effects based approach under Article 102 TFEU as suggested reading for their forthcoming BSC module.
