The Evolution of European Competition Law
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The Evolution of European Competition Law

Whose Regulation, Which Competition?

  • ASCOLA Competition Law series

Edited by Hanns Ullrich

With contributions from leading scholars from all over Europe and the US, this book covers the major areas of substantive competition law from an evolutionary perspective. The leitmotiv of the book has been to assess the dividing line between safeguarding and regulating competition.
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Comment: Cooperative networks: a new challenge to competition law or old wine in new bottles?

Andreas Fuchs and Daniel Zimmer

Extract

Comment: Cooperative networks: a new challenge to competition law or old wine in new bottles? Andreas Fuchs* 1 INTRODUCTION In their comprehensive and profound analysis Maria Leitão Marques and Ana Abrunhosa have provided us with a detailed picture of the wide range and different forms of possible cooperation schemes in fast changing global markets. Interestingly, the carefully selected cases not only cover different types of cooperation but also different modes of moving – from walking to driving to flying. On our way to Florence many of us probably have used at least one of the products mentioned in the case studies. I took a Star Alliance flight from Osnabruck to Florence but I drove a car other than a Volkswagen Sharan or Ford Galaxy to get to the airport, and as a pedestrian here in Florence I do not wear Aerosole shoes. Since I have been in contact with only one of the products in question, and because of the tight time constraints, I am not going to comment on the case studies but shall constrain myself to some general remarks mainly on the legal implications of cooperative networks and strategic alliances. The first question coming to my mind as a lawyer is whether these modern features of cooperation really present a new challenge to competition law or whether they are just old wine in new bottles. Traditional joint ventures have also covered a wide range of different types, some being merely cooperative, others being more or purely concentrative in...

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