The risks of using algorithms in business: demystifying AI

Today algorithms influence all aspects of our lives, from how much we pay for groceries and what adverts we see, to the decisions taken by health professionals. As these tools become increasingly widespread, they pose new challenges to businesses. In order to begin to ‘demystify’ algorithms and AI, we ask: what benefits and risks do they bring to the economy?

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Two-sided market definition: some common misunderstandings

The European Commission is consulting on updating its 1997 Market Definition Notice, which provides important guidance on identifying relevant markets in competition cases. One hotly debated topic is defining markets for two-sided platforms. We discuss some common misunderstandings on this topic, including on how to apply the hypothetical monopolist test to digital platform markets

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Changing tides: how consumers and merchants are redefining the payment experience

Retail payments bring together retailers and consumers, and the two-sided nature of this market means that the design of payment methods must reflect the needs of both sides. Today, the competitive landscape for retail payments in Europe is rapidly transforming due to changing consumer preferences, technological progress, regulatory intervention and, most recently, the COVID-19 pandemic. How are the expectations of consumers and merchants redefining the payment experience?

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Spotlight on tax and state aid: the General Court’s Apple judgment

In July 2020, the EU General Court annulled the European Commission’s decision that Ireland had granted illegal state aid of at least €13bn to Apple through two tax rulings. The General Court’s judgment in the Apple case was one of the most keenly awaited judgments in the area of state aid. What are the key economic issues raised by the General Court in this case? More generally, how can multinational companies and national tax authorities mitigate state aid risks?

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Abuse, She Wrote

Jessica Fletcher and her fellow protagonists in whodunnit stories, such as Jane Marple and Hercule Poirot, knew the formula: find the motive of the suspect, and you have solved half the crime. Dr Gunnar Niels, Partner at Oxera, discusses how competition authorities sometimes behave as if they were in a detective novel by Agatha Christie or Sir Arthur Conan Doyle, focusing on the intent of the dominant company.

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Flying through the storm: aligning merger control and state support

Many firms are facing financial difficulty as a result of COVID-19, and are receiving state support. However, we have not (yet) seen the predicted increase in merger activity. Is it preferable to provide state aid to companies in order to allow them to continue operating, or should we allow these ‘failing or flailing’ firms to be acquired by others? Which is the right tool to use, and could there be more alignment between them?

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What problems can the European Commission’s New Competition Tool fix?

On 2 June, the European Commission launched consultations on proposals for a New Competition Tool (NCT) and its Digital Services Act package. We look at the proposals for the NCT, drawing on lessons from the UK market investigations regime, and in particular the ability to use market investigations to act more quickly and effectively to remedy competition problems

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Catchment if you can: a practical guide to local competition analysis

Many markets involve local or regional competition between firms. Retailers, hospitals, airports, and even funeral directors compete for their customers locally. Empirical techniques for analysing competition in local markets have developed and become more sophisticated over time. But which techniques provide the most accurate assessment? We discuss and compare a range of practical methods that have been used in recent competition cases

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RIIO-2 Draft Determinations: what next?

On 9 July 2020, Ofgem published its Draft Determinations for the RIIO-2 price controls for the GB electricity transmission (ET), gas transmission (GT), and gas distribution (GD) sectors, and the electricity system operator (ESO).1 The price controls are due...
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