Publications

Cartels and other anti-competitive behaviour by companies have a tremendously negative impact on the economy and, ultimately, on consumers. To detect such anti-competitive behaviour, competition authorities need reliable tools. Recently, new data-driven approaches have started to emerge in the area of computational antitrust that can complement already established tools, such as leniency programs. In this systematic review of case studies, Jan Amthauer, Jürgen Fleiß, Franziska Guggi and Vicky Robertson show how data-driven approaches can be used to detect real-world antitrust violations. Relying on statistical analysis or machine learning, ever more sophisticated methods have been developed and applied to real-world scenarios to identify whether an antitrust infringement has taken place. The review suggests that the approaches already applied in case studies have become more complex and more sophisticated over time, and may also be transferrable to further types of cases. While computational tools may not yet be ready to take over antitrust enforcement, they are ready to be employed more fully.

This is the first paper of the DataComp project, published in volume 49 of the Computer Law & Security Review. It is available in open access here: https://www.sciencedirect.com/science/article/pii/S0267364923000171

At first sight, an approach to EU competition law that is more conscious about data protection as well as greener does not seem to share many traits. However, the insistence of both data and environmental protection on non-economic goals defies some of the more established logic of EU competition law. Against the background of the constitutional standing of data protection and environmental sustainability, Klaudia Majcher and Vicky Robertson analyse the challenges that the digitalisation and greening of the EU economy and society pose for competition law doctrine. It develops a taxonomy based on value alignment, value conflict, and value inclusion to better understand and frame the interaction between public policy goals, such as data protection and environmental sustainability, and competition law. This contribution, now published in the European Law Review, is part of the “Charting a Greener Future for European Competition Law” project funded by the Vienna University of Economics and Business.