European Competition Research Articles

Ways to solve the problem of cross-language contacts during the organization of international checkers

The problem of cross-language contacts during international checkers competitions, which always played a decisive role in determining the country and city of various world and European youth championships, and was one of the reasons for their small number in the territories of the former CIS countries, was investigated.
 It is shown the possibility of its solution, by involving during production translation practice, with the aim of breaking down the language barrier, specialists who speak several languages, are able to play the role of a mediator in the communication of representatives of different language groups and ensure their mutual understanding.
 The irrefutable historical facts of the repeated holding by the World International Checkers Federation and the European Checkers Confederation on the territory of only one Ukrainian city in the period from 2005 to 2012 of world and European level competitions due to the solution of the competition organizers to the problem of cross-language adaptation of athletes have been proven.
 The factors that influenced the process of accelerated adaptation of foreign athletes at world competitions and became an important stage and guarantee of holding the next international competitions on the territory of the city of Kamianske are given.
 Consolidation of students in the existing sections of the bases of practice of international competitions took place taking into account the manifestation in them during their studies at the university of the necessary psychological qualities that could be most needed in one or another environment and ensure free mastery of all types of speech activity in a foreign language.
 It has been proven that without perfect knowledge and mastery of professional English terminology, a full-fledged sports activity in any kind of sport is impossible.

Influence of Game Indicators on the Ranking of Teams in the Spanish Soccer League

Soccer is dominated by game indicators that can influence the performance of teams and their players. Therefore, this study analyzed the influence of game indicators on the partial and final ranking of Spanish LaLiga teams, independently for the pre-COVID-19, COVID-19 and post-COVID-19 periods. In addition, the statistical differences between the pandemic periods were identified. A total of 2660 Spanish LaLiga matches played over seven seasons (from the 2014–2015 to the 2020–2021 season) were analyzed. The game indicators analyzed were the yellow cards, red cards, ball possession, total shots, shots on goal, shots off goal, free kicks, corners, offsides, goalkeeper saves, fouls committed, attacks, dangerous attacks, total passes, and tackles. Data were collected from the official Spanish LaLiga website, and recorded on a post hoc observation sheet. The intra-observer concordance was almost perfect (Cohen’s kappa values > 0.83). In each pandemic period, the findings indicated that the statistically significant game indicators had a greater influence on the final ranking, with an intermediate and large effect (η2 ≥ 0.060), than on the partial ranking (little or no effect). In this regard, the LaLiga teams ranked in a European competition position (final ranking) reported a higher ball possession (p < 0.001) and total passes (p < 0.001). A higher ball possession allowed them to take more shots (offensive actions), and therefore to have a better chance of winning. Similarly, these game indicators were higher post-COVID-19, compared to pre-COVID-19 and during COVID-19. This is interesting information for the preparation and management of matches.

Addressing Algorithmic Tacit Collusion: Insights from Market Investigations

This article explores the concept of algorithmic tacit collusion and the potential role of market investigation tools in addressing this issue. The use of algorithms in online sales markets has raised concerns about anti-competitive effects and the adequacy of current competition law provisions. The European Commission has been considering the implementation of a 'New Competition Tool' (NCT) to address structural competition issues beyond the scope of existing regulations. The UK's market investigation tool, regulated under the UK Enterprise Act of 2002, serves as a reference point for examining the potential insights and lessons that could inform the development of the NCT at the EU level. The article highlights the impact of algorithmic pricing on market transparency, the challenges of classifying algorithmic tacit collusion, and the potential for market investigations to address competition-related concerns. It also discusses the procedural safeguards embedded in the UK's market investigation system and the benefits of proactive competition promotion through market investigations. Finally, the article considers the implications of adopting similar tools at the EU level and the potential for enhancing the European Commission's competition enforcement framework.

Relationships between road transport indicators and expenditure of visitors in the context of European countries' tourism competitiveness

Research background: Transport represents a dynamic element in the tourism system. In recent decades, transport has been a subject of research mainly from the point of view of the sustainability of the economic systems and the environmental aspects. Purpose of the article: This study aimed to quantify the relationships between the selected indicators of road transport development and the expenditure of tourism visitors in the selected European countries in the context of the development of their competitiveness. Methods: The road transport indicators were applied in the research trajectories: density of road (DNST), hare of road infrastructure investment (SH INF), share of motorways (SH MWY), and indicators of visitor expenditure for business (BTS), leisure (LTS), domestic (DTS) and foreign (VEFS) tourism. In the first phase of the analyses, the countries of the European part of the OECD (N = 27; period of 2010-2018) were divided into two clusters based on the development index (HDI) and the innovation index (GII) through the cluster analysis. The two groups were created - more and less developed countries. The results of the analysis of differences declare that there are differences between these groups in the DNST, SH INF, BTS, LTS, and DTS indicators. The correlation and regression analysis methods were applied to quantify the relationships between the variables. Findings & value added: The difference between the groups of the countries was also shown in the relationships between the road transport development indicators and visitor spending. In more developed countries, the relationship between the traffic indicators on BTS and DTS was significant. In less developed countries, significant relationships were identified with LST and VEFS. This finding underscores regional disparities and cautions against assuming that what policy guidelines from developed countries will be effective in less developed ones. Therefore, when designing improvement policies, it is vital to consider countries in terms of their level of development.

Relevant Market - Digital Challenges

Market definition is a specific and important tool used in European competition enforcement practice to identify boundaries of competition between undertakings; it is used both in antitrust and merger cases. The EU Market Definition Notice was adopted in 1997 in conditions of conventional markets with relatively stable market structures. With respect to recent development, especially digitalisation and globalisation of economy, the Commission launched the process of evaluation of the Notice in March 2020, and the revised notice has to be published in Q3 2023. Having in mind profound changes challenging various aspects of the original market definition, the article lists at first the most important features of digital economy, especially importance of innovation conditioning rapid changes of the market. Regarding the fact that the main principles of market definition were confirmed as sound until now, the short characteristics of the relevant market follow. The core part of the article aims to present and discuss different approaches to market definition, methods of market assessment included, taking into account the corresponding case law and legal writings reflecting digital circumstances making markets interconnected like never before. The article confronts also sometimes differing opinions of theory and practice in approach to market definition. Analysis is carried out with the ambition to find out whether it is possible – based on case specific approach of competition authorities – to draw general conclusions necessary for coherent conception of the revised market definition, or at least unifying recommendations for the legal practice for the sake of legal certainty. Outcomes of the analysis are summarised in the conclusion, in context with the draft market definition notice.

The German chemical industry’s energy crisis

BASF’s gargantuan site in Ludwigshafen symbolizes the German chemical industry’s stature. The site, which started commercial operations in 1873, is the world’s largest integrated chemical complex. It spreads across 10 km 2 and houses 39,000 employees and 200 production plants. It consumes as much natural gas as the country of Switzerland. Germany is by far the largest chemical producer in Europe. In 2021, the country’s chemical industry generated sales of $242 billion, or 27% of the sector’s total revenue in the European Union. But the natural gas crisis that has bruised European competitiveness in chemical manufacturing hit Germany disproportionately hard. With a sharp decline in production, disrupted supply chains, and enormous energy costs, firms are considering the possibility that Germany’s days as a chemical industry stronghold are over. “Natural gas defines Germany’s energy system. We’ve done nothing for years but switch our entire energy supply from oil and coal to

EU Cartel Policy and Enforcement: Challenges and Responses

Journal Article EU Cartel Policy and Enforcement: Challenges and Responses Get access Maria Jaspers, Maria Jaspers Search for other works by this author on: Oxford Academic Google Scholar Oliver Jany Oliver Jany Search for other works by this author on: Oxford Academic Google Scholar Journal of European Competition Law & Practice, lpad021, https://doi.org/10.1093/jeclap/lpad021 Published: 06 June 2023 Article history Received: 02 May 2023 Revision requested: 05 May 2023 Published: 06 June 2023

Analysing Exclusive Dealing in Two-Sided Markets: Marketplaces for Video Games

Competition law in the EU has a rich history dealing with exclusive dealing (ED). Past economic analysis has informed the view that ED is not by its nature a tool of exclusion and can serve other goals and purposes. Yet, sometimes exclusive dealing may require economic analysis.1 This is particularly true when we look at entry into adjacent markets by large firms that are under greater scrutiny to begin with and whose business practices are sometimes generally under suspicion of having anticompetitive effects.2 This article proposes a theoretical framework and an empirical analysis for analysing ED in a two-sided market. I analyse Epic Games Store, an entrant into online computer game distribution which included ED as a cornerstone of its entry strategy. The purpose of the article is not to provide evidence of anticompetitive conduct in this special case. The conduct in our example is likely not in violation of European competition law as it is the entrant that uses ED to take on an incumbent with a very high market share. Instead, I demonstrate the trade-off between efficiency and consumer choice in a marketplace that can be analysed in the framework of two-sided markets. The economic theory of two-sided markets has gained increasing prominence in antitrust.3 However, analysis rarely moves beyond the assertion that traditional tests and tools are inappropriate and sometimes misleading.

Prosecuting Excessive Pricing of Pharmaceuticals Under Competition Law

Prosecution of pharmaceutical companies for excessive pricing of products under competition law is now a reality. As recently as a decade ago, such prosecutions were virtually nonexistent. That situation has changed dramatically as competition authorities in Europe and South Africa have pursued a significant number of such prosecutions and have levied substantial fines against the
 investigated parties. While the United States has traditionally led in policing the pharmaceutical market against anticompetitive misconduct, in this specific arena it has fallen behind, principally because federal courts so far have refused to acknowledge excessive pricing as a cause of action under Section 2 of the Sherman Act.
 
 In a succession of cases European competition authorities have demonstrated concretely the way in which excessive pricing prosecutions may be pursued. This article examines those cases in some detail showing the challenges that competition authorities have faced, and how they have gone about addressing them. The successes in Europe should help put to rest arguments regarding the difficulties in ascertaining how pharmaceutical products are priced, particularly for products no longer covered by patents or regulatory market exclusivity. The South African competition authority is undertaking its second major prosecution of excessive pricing of originator products. The ongoing case involves an essential anticancer medicine the pricing of which has deprived individuals in South Africa of life-saving treatment.
 
 Methodologies for investigating and analyzing abusive pricing are being regularized. This is important because competition authorities around the world should be able to rely on generally accepted standards for pursuing misconduct. This article suggests doctrinal improvements in the form of per se baseline rules for establishing excess with respect to generics, and rule of reason balancing tests for assessing the fairness of pricing practices for originator products and generics not encompassed by per se rules. The continued evolution of excessive pricing doctrine does not depend on these improvements. More important is continuing legal, financial, and political support for the efforts of competition authorities in this area.
 
 Patents, regulatory market exclusivity and other structural features insulate the pharmaceutical market from economic pressures that ordinarily create and recreate an equilibrium that protects consumers. For the pharmaceutical market, there must be a means to redress excessive prices in themselves. Competition law enforcement is an important tool for achieving that redress.
 

The centralised sale of football media rights in Europe

ABSTRACT We analyse the competitive effects of the centralised sale of football media rights in Europe, focusing on the “Big Five” countries (England, France, Germany, Italy, Spain). Contrary to the findings of European competition authorities, we consider that there are arguments in favour of the relevant market for domestic media rights being club- or even match-specific. This raises the question of what competition is restricted by the centralised sale if the rights on offer have limited or no substitutability. We conclude that the centralised sale of media rights is unlikely to be anticompetitive and may have procompetitive effects if the media rights of different clubs are complementary instead of substitutable. In addition, there may be efficiency gains from the bundling of media rights. Under a club or match-specific market definition, a no-single-buyer rule likely reduces the benefits from the centralised sale and may harm consumers.

‘We are Grateful for the Opportunity to Act as Ambassadors for Our Club and Our Country’: Sporting Hospitality during the Northern Ireland Conflict

Association football did not escape the destructive effects of the conflict in and about Northern Ireland from 1969. As ‘the troubles’ escalated through the 1970s, several international teams declined to visit Northern Ireland, adversely affecting the revenue and reputation of the Irish Football Association (IFA) and its affiliated clubs. British clubs cancelled pre-season friendlies in both Irish jurisdictions. To counteract the domestic game’s crisis, clubs across Northern Ireland and the Republic of Ireland’s border counties pioneered a unique mode of sporting hospitality. While clubs’ officials, sponsors, and supporters were determined primarily to elevate their particular team, they shared with the Belfast football authorities a broader desire to promote the regional game. Hosting British opponents in European competition and pre-season friendlies, teams in the north of Ireland welcomed visitors with studied generosity. Coalescing around these cross-channel encounters, football officials from both sides of the Irish Sea asserted that sporting fraternity transcended ‘the troubles’. Trawling matchday programmes, the sports press, and the archives of football governing bodies in Belfast and Dublin reveals how Irish hosts and British visitors alike promoted their game as a cornerstone of a robust civil society capable of outlasting the Northern Ireland conflict.

Pipe dream or closed shop? Experiencing the Champions League from the sidelines

ABSTRACT The article explores how Austrian football fans, in a country outside the “Big-five” leagues and (semi-)peripheral to European top football, relate to the European elite competition. Our research builds on interviews with fans of Sturm Graz and Wacker Innsbruck. These clubs represent two different fan milieus at the sidelines of the Champions League: one for which European-level competition has been accessible at qualification stages, and one club with a remarkable European history, for which these competitions are currently far out of reach. Our analysis reveals that the positioning of the Austrian league detaches fans from the Champions League. The main division, however, is not along clubs, nor is there an overarching “Austrian” perspective of marginalization. Rather, we find a dividing line between those who affirmatively consider the Champions League a pipe dream and those who criticize its closed shop-structure and reject it as over-commercialized reality of “modern football”.

Introduction: ‘A spectre is haunting European football – the spectre of a European Super League’

ABSTRACT Whilst there is a romantic myth that the European Cup was developed for sporting reasons, power, nationalism and money were significant factors. Since the formation of the European Cup in 1955, European competitions have grown in prestige and finances. The spectre of a breakaway Super League has been used repeatedly to assert the power of elite clubs. In 1992, the result was the Champions League which established a league format providing more televised games, more money and more opportunity for larger clubs to proceed in the competition. The threat of a Super League led UEFA to redesign the format of the Champions League to privilege larger clubs. Despite this, a Super League was still announced, before facing widespread resistance. This article sets up the special issue by contextualising the current Champions League in the aftermath of the Super League.

When do football fans tend to acquire a more Europeanised mind-set? The impact of participation in European club competitions

ABSTRACT How has the Europeanisation of football at the level of governance (due to for example the effects of the Bosman ruling and the formation of the UEFA Champions League) – influenced the identities of football fans? This paper explores how such structural Europeanisation in football is influencing identifications among fans. Based on an analysis of articulations in selected online message boards, we distil the positioning of fans towards ‘Europe’ in football, and the factors which shape it. We control for three main avenues of impact: the club level, the league level, and the societal context. Our inquiry is based on a set of paired comparisons of fan scenes for football clubs in four different European countries. Results show that the factor carrying the most explanatory power is the club’s participation in European-level competition. Although this broadly confirms a ‘contact hypothesis’ – according to which the more fans are exposed to cross-border contacts, the less relevance they attribute to aspects of national belonging – significant variations of how frequent exposure to European-level competition translates into more Europeanised perceptions do exist. For European identity studies, the work corroborates that a lifeworld arena such as football can foster Europeanised identifications, albeit not in a uniform manner.

BASF is cutting back in Germany

High energy prices have already struck a blow to European competitiveness in chemical manufacturing. They are now prompting BASF to lay off thousands of workers and shut down sections of its flagship facility, in Ludwigshafen, Germany. BASF, the world’s largest chemical maker, revealed the closures Feb. 24, when it announced 2022 financial results. Sales rose 11% last year, to $92.5 billion, but only because of higher selling prices; sales volumes declined by 7%. The company posted a loss of about $660 million for the full year, mostly because of $6.7 billion in charges related to its decision to withdraw its Wintershall Dea oil and gas affiliate from Russia. Without those charges, BASF’s profits would have been roughly flat with 2021 levels. The war in Ukraine has sharply reduced natural gas supplies in Europe; BASF’s energy bill on the continent increased by $2.9 billion in 2022 from the year earlier. Overall

Promised Lands: The British and the Ottoman Middle East by Jonathan Parry

In Promised Lands, Parry presents a fascinating, insightful, and exhaustive account of British policy regarding the Ottoman Empire during the earlier part of the nineteenth century. He provides the information necessary to understand the formation of the modern Middle East, told primarily from the British perspective. Throughout the book, Parry places the policies of the British Empire within the context of protecting the routes toward its crown jewel, its colony in India. He does so convincingly, brushing aside the general assumption of “Turcophilism” (384). As he points out, in reality, British politicians of the era, such as Richard Cobden, denounced the Turks as “crapulous barbarians” and “destructive savages” (387). Parry’s main argument revolves around the geopolitical expediency that drove the Ottoman Empire to maintain its sovereignty, while attempting to keep Russian and French interests at bay. This situation effectively ensured British influence in the region, aided by the advent of steamship technology, which negated the reliance on wind, thereby cementing British naval command of the region.The book devotes its first half to chronicling the challenges of the British political and diplomatic relationship with the Ottoman Empire, as well as other European powers, particularly France and Russia. Parry makes a conscientious effort to spell out the many considerations involved. He chronicles them with exquisite attention to detail. A character to which Parry devotes particular attention is Cladius Rich, who worked assiduously to gain influence through costly spending for the Ottoman Porte and later Arabia and Kurdistan.Moreover, Parry draws a connection between British secular and religious aspirations and visions for the region. He claims that this program parallels the domestic agenda on which the Liberal Party was founded. Spearheaded by Henry John Temple (Lord Palmerston) and George Canning, Britain supported the removal of legal distinctions between Muslims and Christians—described as “a battle to root out illiberalism in the regime”—and the Tanzimat reforms (284). Although Parry claims that British officials were generally uninterested in the promotion of Christianity in the region, he does mention the domestic pressure on behalf of the Jews in Palestine to which Palmerston acquiesced. It is helpful to see the origins of that British interest in the region, as the issue would eventually set the stage for the Balfour declaration half a century later.In the final chapters, Parry draws attention to Egypt, specifically its strategic geopolitical location. Serving as an important gateway to India, especially after the construction of the Suez Canal, Parry asserts that Egypt served as a center for additional European competition. As George Villiers (Lord Clarendon) noted, the British “only want a thoroughfare; but a thoroughfare they must have, free and unmolested” (334). Britain would eventually invade the country in 1882.This book successfully fills the gap in scholarship about the crucial time period and events that eventually set the stage for the making of the modern, twentieth-century Middle East. Although the book tends to delve deeply into specifics, particularly regarding British policy and politics of the time, Parry sees it as a work of British history, not as a history of the Middle East. Nonetheless, the thoroughness of its storytelling serves as a strong reflection of Parry’s meticulous research. Its broad and deep history is an important contribution to the field. Enriched by an impressive narration of complex historical events, Promised Lands is highly recommended.

The transfer market for non-big five clubs: The case of the Swiss Super League

Introduction
 The objective of this research is to study the strategies of Swiss first division clubs in the transfer market. In a context where the revenues of the big 5 clubs (before Covid-19) keep increasing (especially TV rights), the weak financial capacities of the non-big 5 clubs, especially in terms of their low revenues from media rights, push them to devise different strategies. Given the profiles of the clubs, how do they organise their strategy on the transfer market - T - (purchase-sale)? We seek to answer the following questions: What is the importance of transfers on the economic model of Swiss first division clubs? What share of their budget do they represent?
 Methods
 Market purchases/sales (from 2015 to 2020) define our T (Transfers). We therefore seek to understand the strategy of Swiss clubs in the transfer market from a purely economic point of view (we do not take into account the sporting aspect) and to see what profits Swiss clubs make thanks to T. We then compare, season by season and club by club, the results obtained on the transfer market in relation to the clubs’ budget. We supplement this quantitative data with qualitative interviews with scouting managers from 8 Super League clubs in order to understand the professionalization of Swiss clubs in this area. We carried out an empirical data processing - k-means - to propose a typology of the 12 Super League clubs according to their role in the transfer market and the importance of the T compared to their budget.
 Results
 
 Cluster 1 - The low importance of T: The T represents a very small part of the clubs’ budget in this cluster. Transfers have a very low importance here.
 Cluster 2 - Singularity of FC Basel: FC Basel is alone in this cluster with sales and purchases well above the other clubs.
 Cluster 3 - Confirmed importance of the T on sales: Clubs in this cluster are close to the cluster number 2. Sales are here very important for clubs.
 Cluster 4 - A balance of the T between purchases and sales: The purchases and sales are balanced. Clubs in this cluster sell and spend just as much to strengthen themselves.
 
 Discussion - Conclusion
 We can see that when a team succeeds in establishing itself in the Super League with stable revenues, it can hope to make purchases on the transfer market thanks to sponsorship or ticketing, which allow it to increase its budget. And when a team manages to qualify for European competitions, its strategy can be diversified and we can see teams making more substantial purchases. Moreover a club can move from one cluster to another quickly. The professionalisation of the scouting of young players also plays a very big role and the resources and professional skills of each club in this area can be very important.

Space traffic management and its dual use: Space security strategies and cooperation in Europe

Space Trafic Management (STM) has gained relevance in regional and global strategies when there is more significant congestion in space. Ongoing discussions in the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) and other fora are reflecting the essence of STM in Europe, in the United States and others. In the US, the 2018 Space Policy Directive-3 on National Space Traffic Management Policy has become a focal eleemnt. More recently, STM was underlined in the European Union – European Space Agency Space Council Orientations of November 2020 as part of the European ambitions to achieve strategic autonomy. In February 2021, the European Commission launched STM as a flagship project under its' Action Plan on Synergies' between the civil, defence, and space industries, aiming to reinforce the European industry's competitiveness. In February 2022, a joint communication on a European Union approach on STM was published. In this regard, STM entails several technological, socio-economic, and regulatory dimensions with significant security implications as reflected in national and regional strategies. This paper focuses on a critical element: the cooperation between the civilian and the military and how organizations effectively address the dual-use aspect concerning STM development under the current legal and regulatory framework. Moreover, it examines how the dual-use element of STM influences space security of space technologies. Successful strategies with tangible outcomes require effective cooperation between the civilian and military actors. Hence, this paper seeks to identify potential legal and regulatory barriers and proposes solutions to accommodate divergent strategic interests and needs in STM future strategies.

No-challenge and pay-for-delay agreements in patent licence and settlement agreements under European competition law

... In a world that seems to grow increasingly litigious and complex, one can hardly deny the benefits of amicable settlements. At the very least, such settlements lessen the burden on infringement and validity courts. However, any kind of agreement relating to the validity and/or enforceability of a patent goes to the heart of the relationship between IP and competition law. In the European Union those agreements have to be reviewed carefully under Article 101 of the Treaty on the Functioning of the European Union (TFEU), to evaluate whether they are compatible with the internal market and do not in any way encumber research and development (R&D), by overextending the temporarily limited monopoly granted by a patent in exchange for the disclosure of an invention. Accordingly, any agreement limiting or prohibiting a party from challenging a patent or providing for a de facto extension of the 20-year monopoly right granted by a patent entails by nature a potential conflict with antitrust. Since patent and antitrust law coexist and both serve legitimate interests, the tension between them is intentional and finding the right balance serves the purpose of driving technological development and fostering technological progress.

Analysis of European competitiveness based on its innovative capacity and digitalization level

The competitiveness of countries can be measured through their innovative capacity and the level of digitalization they have achieved. Technological advances have proven to be an engine of economic growth, promoting employment and sustainable development. In Europe, policies are being focused on investments to make this the “Digital Decade”. Against this backdrop, the aim of the study is to analyse the competitiveness of the 27 countries of the European Union by producing a synthetic indicator that includes factors relating to innovation (measured by the Global Innovation Index) and to digitalization (based on the Digital Economy and Society Index), which in turn yields an annual ranking of the analysed economies between 2017 and 2021. Furthermore, in a second stage of the analysis, three panel data models are estimated to determine how factors relating to economic, social and environmental development foster advances in technology and innovation. The multicriteria decision-making method Technique for Order Preference by Similarity to an Ideal Solution (TOPSIS) is applied to establish a ranking of EU members according to their level of digitalization and innovation, while the Prais-Winsten regression with Panel Corrected Standard Errors is used to obtain robust estimators. The results of the ranking indicate that the countries hold similar positions in the five years analysed, with Sweden leading the way throughout, which reflects its stable development in terms of digitalization and innovation. A digital and innovation gap can be seen between the top and bottom positions of the ranking, that is, between north-central and south-eastern Europe. Finally, the estimated models suggest that governments should promote wealth, employment, research and infrastructure investments in order to improve innovative and technological development in their countries.