Digital securities and English law: the gold standard?
The UK Jurisdiction Taskforce (‘UKJT’), part of LawtechUK, has produced a Legal Statement on how English law supports the use of distributed ledger technology in equity and bond markets (also known as ‘digital securities’).1 To inform and support UKJT’s work, LawtechUK commissioned Oxera to provide economic analysis of the… Read More
Most-favoured-nation clauses: how to assess their competitive effects?
Most-favoured-nation clauses (MFNs) remain a hot topic in competition policy. The direction of travel has generally been one-way, with the UK and European vertical block exemption regimes designating wide MFNs as hardcore or excluded restrictions, and both wide and narrow MFNs being prohibited for designated gatekeepers under the EU’s… Read More
Agents of change: bringing economic models closer to reality
Ever wondered how economic models can describe people and their behaviour? Agent-based modelling (ABM) may be the answer. It allows economists to explore complex systems and phenomena in a bottom-up, data-driven way. Unlike traditional economic models, which are often constrained by assumptions and simplifications, ABM offers a flexible and… Read More
Undertaking capital projects: linking risk and return
Whether they relate to the energy transition, the renewal of transport infrastructure, or reversing damage to the environment, our society will increasingly need to undertake large capital projects. It will be important to identify the projects’ risks and determine who is responsible for managing these and reducing their likelihood. Read More
Interminable: who can read T&Cs?
Many products form a contract between a firm and a customer, the details of which are specified in the terms and conditions (T&Cs). But do customers always understand what they are agreeing to? With the help of a mathematical formula, we find that the reading age and time requirement of… Read More
To tax or not to tax: will an online sales tax rebalance the retail sector?
The growth of online sales has prompted debate around whether an online sales tax (OST) should be introduced to ‘rebalance’ the taxation of the retail sector. Indeed, the evolution of retailing in the UK has implications for several key government policy areas. We revisit the topic, which we explored in a 2020 Agenda article, in light of the recent launch of an HM Treasury consultation on the introduction of an OST. Read More
Intel and the AEC test: ‘Do. Or do not. There is no try.’
After more than two decades, the Intel saga may have finally ended with the General Court’s judgment of 26 January 2022. The judgment—which had at its core the use of the ‘as-efficient competitor’ test in the context of loyalty rebates―confirms the critical role of robust economic analysis in abuse of dominance cases. We reflect on the implications going forward. Read More
Malbeconomics: taking stock of the 20th anniversary of the 9.99 price point
Developed economies are facing significant amounts of inflation for the first time in 25 years. Consumer prices, measured according to the Consumer Price Index (CPI), rose by 5.8% on average across OECD countries in the year to November 2021. Will Page, former Chief Economist at Spotify and author of Tarzan Economics, celebrates the 20th anniversary of the 9.99 price point and looks at the role that price points play in an inflationary environment. Read More
Conglomerate mergers: are theory and practice aligned?
Recent European Commission merger control practice suggests a renewed willingness to scrutinise conglomerate mergers. This is in stark contrast to the Commission’s past practice and to the US approach. In this article, we detail exactly how conglomerate mergers generate customer benefits, but also—under certain circumstances—how they may end up harming competition and consumers. We apply theory to practice by discussing the recent NVIDIA/Mellanox merger, and explore which novel theories the Commission may pursue in the future. Read More
Bits of advice: the true colours of dark patterns
Dark patterns are deceptive online interface designs that are used to trick people into making decisions that are in the interests of the online business, but at the expense of the user. In this second article of our ‘bits of advice’ series on digital regulation, we dive into the economics behind dark patterns: what are they; what can economics teach us about how they work; how is digitalisation changing their costs and benefits in the eyes of businesses; and how can competition and consumer protection authorities respond? Read More