Antitrust and Trade Regulation Commons^™

[Early Bird] The Texas Common Ownership Litigation: Sustainability, Competition, And The Boundaries Of Asset Manager Capitalism, Federico Ghezzi

Yearbook of Antitrust and Regulatory Studies

This article analyzes the recent attempt by the Texas Attorney General to invoke the common ownership doctrine as a new antitrust weapon against large institutional investors allegedly engaged in coordinated ESG strategies. The case represents a peculiar reversal of the traditional logic of the theory: rather than being used to constrain horizontal shareholdings that may reduce competition, common ownership is deployed here to challenge collective action aimed at promoting environmental sustainability. The paper situates this development within the broader debate on the anticompetitive effects of horizontal ownership, briefly examining the economic assumptions underlying the theory, the limits of its empirical …

Three Economist’S Tools For Antitrust And Merger Analysis: Case Applications, Russell W. Pittman

Yearbook of Antitrust and Regulatory Studies

This paper presents a non-technical introduction to three economic tools that have in recent years become widespread in competition law enforcement in general and in the analysis of proposed mergers in particular: critical loss analysis, upward pricing pressure, and the vertical arithmetic. In addition, for each tool, its use in a recent U.S. merger case is illustrated: for critical loss analysis, the Novelis/Aleris merger; for upward pricing pressure, the GE/Electrolux merger; and for the vertical arithmetic, the Comcast/NBCU joint venture.

Digital-Era Dawn Raids And Proportional Enforcement Approach, Ahmed Saim Pehlivanli, Zeki Emre Kurt

Yearbook of Antitrust and Regulatory Studies

Dawn raids remain a cornerstone of competition law enforcement, yet their execution has grown complex in the digital era. Messaging platforms and remote devices increase the risk of on-site deletions, prompting authorities in Türkiye and the EU to adopt a strict-liability stance: any deletion after inspections begin is treated as obstruction per se, regardless of intent, recoverability or probative loss. While this maximises deterrence, it raises concerns of proportionality, privacy and legal certainty. This article argues that enforcement can remain effective and proportionate by shifting towards a harm-sensitive model. Drawing on Turkish and EU decisions, it highlights outlier cases in …

Genai And Repowereu: A Legal Framework For The Digital Transformation Of The Eu Energy Systems, Francesco Spera

Yearbook of Antitrust and Regulatory Studies

This contribution examines the potential and challenges of utilising AI, particularly generative AI, to accelerate the energy transition. To achieve this, the study considers the application of GenAI within the REPowerEU framework. The plan highlights the transformative role of digital technologies such as AI, IoT, data analytics, and cloud computing in orchestrating energy assets and improving grid management. In this context, GenAI has emerged as a revolutionary paradigm, enhancing system intelligence and efficiency. The paper assesses the deployment of GenAI under the REPowerEU legal framework, including the AI Act and sector-specific energy legislation. The contribution identifies the dual legal basis …

Doctrinal Intent Versus Institutional Reality: The Gulf Countries' Antitrust Objectives, Nora Memeti

Yearbook of Antitrust and Regulatory Studies

This paper examines the intriguing contrast between the ambitious goals of antitrust laws in the Gulf countries and the reality of their enforcement. While this region seeks to protect competition and curb monopolistic practices, only Kuwait and the Kingdom of Saudi Arabia (KSA) have made significant strides in achieving these ideals.

Through a comparative legal analysis, this paper examines how the statutory objectives of competition law in Qatar, Bahrain, Oman, and the UAE often remain more rhetorical than substantive, with enforcement primarily symbolic. In contrast, Saudi Arabia demonstrates some enforcement activity, although its alignment with legislative objectives remains uncertain. Kuwait's …

Competition Law In The Age Of Sustainability: Regulatory Challenges And Strategic Responses, Emrah Kulakli, Serhat Yüksel, Serkan Eti, Hasan Dinçer

Yearbook of Antitrust and Regulatory Studies

The increasing emphasis on sustainability has intensified tensions with competition law, particularly when cooperative initiatives create risks for market competition or consumer welfare. The main challenge is to identify regulatory strategies that balance sustainability objectives with competitive market principles. This requires a systematic assessment of both sustainability benefits and competition related risks. Existing studies largely rely on legal discussions or case-based evaluations and provide limited quantitative guidance for prioritizing regulatory approaches. This study addresses this gap by proposing a structured decision-making framework to reduce conflicts between sustainability goals and competition law. A hybrid model is developed by integrating spherical fuzzy …

Green Rules, Fragmented Fields: Member-State Approaches To Sustainability In Eu Competition Law, Niccolò Galli, Armando Santoni

Yearbook of Antitrust and Regulatory Studies

This article provides a comparative, normative-evaluative examination of how sustainability is being incorporated into European competition law. Combining doctrinal legal analysis with economic reasoning, it clarifies competing definitions of sustainability, maps the contest between the consumer-welfare paradigm and sustainability proponents, and evaluates the legal and institutional implications of the Commission’s 2023 Horizontal Cooperation Guidelines. Drawing on national initiatives across Member States plus the UK, the study highlights contrasting instruments, from Austria’s statutory environmental exemption to the Dutch soft-law safe harbour and Greece’s experimental sustainability sandbox, and shows how these divergent approaches produce fragmentation and legal uncertainty for cross-border cooperative initiatives. …

When Antitrust Meets Labour: Exemption And Enforcement Under Article 101 Tfeu, Giulia Mangiafico

Yearbook of Antitrust and Regulatory Studies

Labour rights protection has recently emerged as one of the key objectives of antitrust law, alongside sustainability and privacy. The application and enforcement of competition rules differ significantly between the workers’ and employers’ sides of the market, a distinction that is particularly visible in cases concerning remuneration. Wage-setting may fall within the scope of Article 101 TFEU where it results from coordination between undertakings; whether competition law applies therefore depends on how wages are fixed. While employer cartels that suppress pay are treated as restrictive agreements, collective bargaining arrangements are assessed under a markedly different analytical framework. This article examines …

Anselm Küsters, The Making And Unmaking Of Ordoliberal Language. A Digital Conceptual History Of European Competition Law, Verlag Vittorio Klostermann Frankfurt Am Main 2023, Piotr Oliński

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Recalibrating Article 102 Tfeu In The Digital Economy: The Apple App Store (Music Streaming) Decision And The Rise Of Hybrid Platform Enforcement, Arletta M. Gorecka

Yearbook of Antitrust and Regulatory Studies

This case comment analyses the European Commission’s 2024 decision fining Apple €1.84 billion for imposing anti-steering provisions on music streaming apps in the App Store. The decision marks a significant development in the application of Article 102 TFEU to digital platform ecosystems. By characterising Apple’s conduct as an exploitative abuse of dominance, the Commission addressed restrictions that limited consumer information, increased subscription prices, and reduced user choice within the iOS environment. The case illustrates the hybrid nature of Article 102 TFEU, bridging exploitative and exclusionary theories of harm in two-sided digital markets. It also highlights structural features such as network …

Table Of Contents

Yearbook of Antitrust and Regulatory Studies

Table of Contents

Yars 19(33)

Yearbook of Antitrust and Regulatory Studies

YARS Vol. 19(33)

Editorial Foreword, Laura Zoboli, Maciej Bernatt

Yearbook of Antitrust and Regulatory Studies

Editorial Foreword

Ai And Emerging Technologies: A Path To Sustainability? Navigating Legal And Regulatory Challenges, Magdalena Porzeżyńska, Marek Porzeżyński

Yearbook of Antitrust and Regulatory Studies

Editorial

Assessing Standardisation Initiatives From The European Data Strategy’S Perspective: A Systematic Review, Nicola M.F. Faraone

Yearbook of Antitrust and Regulatory Studies

The paper seeks to provide for an overview of the most relevant European legislative initiatives related to the process of standardization at EU level. While a specific emphasis will be devoted to the AI Act and the Open Banking/Open Finance framework, also the most recent regulation together with the connected European soft law will be addressed.

Turkey’S Recent E-Commerce Amendments: A Critical Comparison With The Eu Digital Markets Act, Kaan Kocabas, Jurgita Malinauskaite

Yearbook of Antitrust and Regulatory Studies

Recent regulatory reforms in Turkey aim to address the competitive risks posed by dominant digital platforms, particularly concerning data exploitation, self-preferencing, and discriminatory conduct. Rather than introducing a standalone competition law instrument, Turkey amended its Law on the Regulation of Electronic Commerce to embed competition-related obligations, raising questions about the consistency and coherence of enforcement. This article analyses the legal and institutional implications of these amendments, critically comparing Turkey’s approach with the European Union’s Digital Markets Act (DMA). It argues that while the Turkish amendments reflect global regulatory trends, the lack of a dedicated competition framework risks creating enforcement conflicts …

The 'Pay-Or-Consent' Model And Competition Policy: A Case Comment On The European Commission’S Decision Against Meta Under The Digital Markets Act, Arletta M. Gorecka

Yearbook of Antitrust and Regulatory Studies

This case comment analyses the European Commission’s first non-compliance decision under the Digital Markets Act (DMA), focusing on Meta’s “pay-orconsent” model and its incompatibility with Article 5(2). The Commission held that Meta failed to provide users with a genuinely equivalent, privacy-protective alternative to behavioural advertising, thereby undermining the voluntariness of consent and commodifying user data in violation of DMA standards. The comment situates the ruling within broader EU regulatory trends, highlighting parallels with Apple’s infringement of Article 5(4) DMA and the Commission’s emerging outcomes-oriented enforcement approach. It argues that these decisions jointly clarify gatekeeper obligations, expand the meaning of “free …

Fide 2025: Eu Digital Economy: General Framework (Dsa/Dma) And Specialised Regimes With Follow-Up Considerations On “Regional Gatekeepers”, Kamil Dobosz

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Excessive Data Collection In An Ecosystem As An Exploitative And Exclusionary Abuse: A Critical Analysis Of The Cci’S Order Against Whatsapp’S Privacy Policy And Its Impact On The Digital Advertising Market, Reuben Philip Abraham Mr.

Yearbook of Antitrust and Regulatory Studies

The interface between privacy and competition law has been a complicated topic in the past decade. The Facebook case by the German competition authority, the Bundeskartellamt (BK) was the first landmark case to investigate an exploitative abuse in this interface. The WhatsApp’s 2021 privacy policy update prompted the Competition Commission of India (CCI) to initiate a suo moto investigation against WhatsApp/Meta regarding the anti-competitive effects of imposing a ‘take-it or leave-it’ agreement on consumers.

In the WhatsApp case, the CCI has pushed the boundaries further in this interface by investigating exclusionary abuses regarding excessive data collection in an ecosystem. This …

Cybersecurity, Resilience And Sustainability: Evaluating The Role Of Public-Private Partnerships, Katarzyna Chojecka

Yearbook of Antitrust and Regulatory Studies

This article explores the role of public-private partnerships (PPPs) in enhancing cybersecurity as a component of sustainable and resilient development. It argues that cybersecurity is not only vital for digital transformation and economic growth but also closely aligned with the UN Sustainable Development Goals, particularly through its emphasis on resilient infrastructure. The paper offers a legal and policy-oriented analysis of how PPPs can strengthen cybersecurity capabilities by leveraging the combined resources and expertise of governments, businesses, and civil society. The Polish case is also studied and analysed through “PW Cyber" program which exemplifies a local cybersecurity PPP model. The article …

Table Of Contents

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

“Shaping Academic Teaching At The Crossroads Of Ethics And Artificial Intelligence”, Workshop At Warsaw University Of Technology, Warsaw, 25 September 2024, Julia Braniewska, Bartłomiej Skowron

Yearbook of Antitrust and Regulatory Studies

This document is a report on the workshop, “Shaping Academic Teaching at the Crossroads of Ethics and Artificial Intelligence”, which formed a component of the “Ethics and AI” conference hosted by Warsaw University of Technology.

When Environmental Provisions Acquire Primacy Over The Economic Interests – Case Comment Of The Preliminary Ruling In Case C-626/22 C.Z. And Others V Ilva, Katarzyna Błaszczak, Michał Krzaczek

Yearbook of Antitrust and Regulatory Studies

This case note analyses the Court of Justice of the European Union’s (CJEU) preliminary ruling in case C-626/22 (C. Z. and Others v Ilva). The Court interpreted the Industrial Emissions Directive (IED), ruling that Member States cannot derogate from minimum EU environmental requirements. The ruling established that environmental permits must consider all scientifically known harmful substances that could be emitted by installations. The Court also ruled that national regulations permitting repeated extensions to deadlines for installation operations, despite the identification of serious environmental and health risks, were incompatible with the IED. The CJEU’s interpretation confirms the primacy of environmental and …

Estali Spring Forum 2025, 23 May 2025 Insights On (And Beyond) State Aid And The Green Transition, Magdalena Porzeżyńska

Yearbook of Antitrust and Regulatory Studies

Conference report

Institutional Sustainability In Ai Governance: Comparing Paths In The Eu, Japan, And Taiwan, Kuan-Wei Chen

Yearbook of Antitrust and Regulatory Studies

This article explores the concept of institutional sustainability in AI governance by comparing the approaches in the European Union, Japan, and Taiwan. It begins by arguing that the relationship between AI and sustainability extends beyond environmental concerns, encompassing the sustainability of governance institutions themselves. The article posits that institutional sustainability, referring to the capacity of governance frameworks to remain effective over time, is essential in the context of rapidly evolving and future-oriented AI governance. The analysis proceeds by examining the EU’s strategy of normative anchoring through legal codification, Japan’s agile governance model based on collaboration and coordination, and Taiwan’s digital …

Peculiarities Of Europeanisation Of State Aid Control In Ukraine During Martial Law, Bohdan Veselovskyi, Kseniia Smyrnova

Yearbook of Antitrust and Regulatory Studies

Ukraine's European integration necessitates the alignment of its state aid control framework with EU competition law. The full-scale invasion by Russia in 2022 significantly disrupted this alignment, prompting Ukraine to temporarily suspend standard state aid oversight procedures under martial law. In response, Ukraine has undertaken comprehensive legislative reforms, including the adoption of sector-specific state aid criteria, enhanced administrative accountability measures, and systematic inventorying of existing aid schemes. This article analyses these developments, demonstrating Ukraine's ongoing commitment to restore regulatory certainty, transparency, and competitive neutrality, despite wartime constraints. Judicial practices incorporating EU-derived standards, particularly the Altmark criteria, highlight Ukraine's substantial progress …

Addressing The Impact Of Foreign State-Owned Companies: Implications For Fair And Effective Merger Control, Annika Stöhr, Oliver Budzinski

Yearbook of Antitrust and Regulatory Studies

State-owned firms from third countries play an increasingly significant role in international mergers and acquisitions, raising concerns about distortions of competition. These distortions arise from state-backed financial advantages, preferential treatment, and industrial policy objectives, potentially undermining market competition. This paper categorises different forms of competitive distortions, focusing on acquisitions financed by foreign state resources. Through an analysis of German and EU merger control cases (2012-2023), we assess the extent of this phenomenon and the treatment of such transactions by the respective competition authorities. While direct state involvement remains rare, it is prevalent in strategic industries such as energy and transport. …

Convergence Of Competition Law And Constitutional Rights: A Comparative Study Of The Whatsapp (India) And Facebook (Germany) Cases, Anush Ganesh, Krusha Bhatt

Yearbook of Antitrust and Regulatory Studies

As society advances toward a digital economy with increasing dependence on internet-based services, data has attained prominence as an essential currency supporting market power. This paper examines the emerging jurisprudence on excessive data collection by dominant digital platforms, comparing approaches developed in India and the European Union. The Indian approach, exemplified by the WhatsApp Privacy (2025) decision, integrates competition law with constitutional protections, particularly the right to privacy under Article 21 of the Indian Constitution. Meanwhile, the European approach, crystallized in the Facebook Germany case, integrates competition law with data protection principles enshrined in the General Data Protection Regulation (GDPR). …

Competitive Harms Of Unfair Commercial Practices In The E-Commerce Platforms Market: The Way Forward For Asean, Mei Fei Lee, Tze Chin Ong

Yearbook of Antitrust and Regulatory Studies

The intricacies of unfair commercial practices within the e-commerce platforms market highlight a critical and urgent necessity for an evolution in both consumer protection and competition laws. As new consumer vulnerabilities emerge or existing ones are exacerbated in e-commerce, effective rules are needed to better protect consumers, govern businesses and regulate a healthy competitive dynamic in the market. This article examines the interplay between consumer protection law and competition law in addressing unfair commercial practices of e-commerce platforms. The large-scale deployment of unfair commercial practices by e-commerce platforms may result in anti-competitive effects, thereby undermining fair and effective market competition. …

Methodology Of Market Definition: Case Of Digital Multi-Sided Platforms, Anzhelika Gerasymenko, Vasyl Hanovskyi

Yearbook of Antitrust and Regulatory Studies

The rapid expansion of the digital economy has significantly contributed to the increasing market power of digital multi-sided platforms, making its precise measurement increasingly challenging. The main reason is the lack of efficiency of SCP-tools in digital markets that push competition authorities to look for alternative ways of competition regulation in such markets (like the DMA approach), while its results are still poor. This paper provides the methodological grounding of a vertical breakdown of a complex product traded by digital multi-sided platforms to bring back the conventional tools of market definition and to adjust them to the specifics of digital …