In this issue, we’re updating two rather diverse areas. First, we look at multisided markets. There is very little case law that incorporates current economic thinking about these markets—so do people really to need pay attention to the differences with conventional markets? And, second, when Ireland needed help from the Troika, one of the requirements—controversial—was to implement revisions to competition poicy. Our Irish experts explain what happened.
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Multisided Markets and Antitrust
The Consensus Among Economists on Multisided Platforms and the Implications for Excluding Evidence That Ignores It
Economic evidence that fails to account for interdependent demand between customer groups of multisided platforms is not reliable and should not be accorded any weight in decisions by courts or competition authorities. David S. Evans (Global Economics Group)
Should Multisided Markets Receive This Much Attention?
In the absence of judicial opinions on point, plaintiffs do not have guidance on whether they should incorporate interdependent demand into their relevant market definition or competitive effects allegations. Owen M. Kendler (U.S. DOJ)
Both Sides Now: A Brief Reflection on the Two-Sided Market Debate
Exclusionary conduct by a two-sided platform, mergers between two-sided platforms, and collusion between two-sided platforms are different in kind from conduct which affects the balance between one side of the platform and the other. James Musgrove (McMillan LLP)
Not Enough Girls in the Club: The European Antitrust Approach Towards Multisided Markets
In Europe, the competition authorities and courts have developed three distinct approaches to the analysis of multisided markets. Christian Ahlborn & Christoph Barth (Linklaters LLP)
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Update: Ireland
Some Reflections on Competition Law and Practice in Ireland
The Irish regime is worth studying because it has witnessed quite radical changes it is worth recalling that in Ireland the very act of competing has, over a few decades, mutated from being a criminal act to a societal goal. Dr. Vincent J. G. Power (A&L Goodbody)
The Troika’s Influence on Irish Competition Policy
So one consequence of Ireland’s loan facility from the troika was the passing of the Competition (Amendment) Act, 2012. Sinead Eaton (University of Limerick)
