Editor’s Note

It is with great pleasure that I present to you this year's third issue of World Competition.As in the past, this issue contains a number of outstanding contributions which cover a wide range of subjects, ranging from price-based exclusionary practices in the Danish postal service, the interplay between the Digital Markets Act (DMA) and General Data Protection Regulation (GDPR), the latest developments in Korean competition law, private enforcement in Chinese competition law to the role of Artificial Intelligence (AI) in detecting bid rigging in India.The first article examines the competition law cases in which Post Danmark, the Danish postal incumbent, has been involved in recent years (Post Danmark I and Post Danmark II).In Post Danmark -More than just another serial infringer, Christian Bergqvist addresses the question of how to allot costs across different products when providing several products utilizing the same network where some of the products (letters) are subject to a universal service obligation guaranteed by the state.To that end, Christian outlines the as-efficient-competitor (AEC) test, its embedded short-comings when it comes to multi-product undertakings benefiting from special rights, and the rise and fall of Post Danmark.The second contribution deals with the interesting issue of the interplay between the DMA and the GDPR.Its author, Aleksandra Wierzbicka studies the topic at length in The GDPR-DMA Nexus: Is the GDPR an Achilles heel for the DMA's data-related obligations?This article derives from her Master thesis 'The ring-fenced DMA?Where data related obligations meet the GDPR' written under the supervision of Professor Nicolas Petit at the College of Europe in the academic year 2022/2023, and which was awarded the Global Competition Law Centre's (GCLCs) prize.The article delves into the substance of data-related obligations and aims at brining light to the intersection between the DMA and the GDPR.The author also argues that, although the DMA and the GDPR are complementary and closely intertwined, the concurrent application of both regulations is not devoid of tensions and shortcomings.The third article takes us to Korea with Korean competition law enforcement: Recent developments.Its author, Youngseok Kim, explains the recent developments in Korean competition law from three perspectives.First, the recent improvements that the Korean Fair Trade Commission (KFTC) has made in its

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Publication Details

Journal
World Competition
Published
2024-08-12
DOI
https://doi.org/10.54648/woco2024018
Primary Topic
Legal Cases and Commentary
Type
article
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Editor’s Note

José Rivas
World Competition
Legal Cases and Commentary
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Editor’s Note

José Rivas
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Abstract

It is with great pleasure that I present to you this year's third issue of World Competition.As in the past, this issue contains a number of outstanding contributions which cover a wide range of subjects, ranging from price-based exclusionary practices in the Danish postal service, the interplay between the Digital Markets Act (DMA) and General Data Protection Regulation (GDPR), the latest developments in Korean competition law, private enforcement in Chinese competition law to the role of Artificial Intelligence (AI) in detecting bid rigging in India.The first article examines the competition law cases in which Post Danmark, the Danish postal incumbent, has been involved in recent years (Post Danmark I and Post Danmark II).In Post Danmark -More than just another serial infringer, Christian Bergqvist addresses the question of how to allot costs across different products when providing several products utilizing the same network where some of the products (letters) are subject to a universal service obligation guaranteed by the state.To that end, Christian outlines the as-efficient-competitor (AEC) test, its embedded short-comings when it comes to multi-product undertakings benefiting from special rights, and the rise and fall of Post Danmark.The second contribution deals with the interesting issue of the interplay between the DMA and the GDPR.Its author, Aleksandra Wierzbicka studies the topic at length in The GDPR-DMA Nexus: Is the GDPR an Achilles heel for the DMA's data-related obligations?This article derives from her Master thesis 'The ring-fenced DMA?Where data related obligations meet the GDPR' written under the supervision of Professor Nicolas Petit at the College of Europe in the academic year 2022/2023, and which was awarded the Global Competition Law Centre's (GCLCs) prize.The article delves into the substance of data-related obligations and aims at brining light to the intersection between the DMA and the GDPR.The author also argues that, although the DMA and the GDPR are complementary and closely intertwined, the concurrent application of both regulations is not devoid of tensions and shortcomings.The third article takes us to Korea with Korean competition law enforcement: Recent developments.Its author, Youngseok Kim, explains the recent developments in Korean competition law from three perspectives.First, the recent improvements that the Korean Fair Trade Commission (KFTC) has made in its

World CompetitionVol. 47(Issue 3)
Openalex Percentile: Top 81%
Legal Cases and Commentary
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