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'Ceci nnest pas un Marchh': Gratuity and Competition Law

Authors: Miguel Sousa Ferro;

'Ceci nnest pas un Marchh': Gratuity and Competition Law

Abstract

This paper argues that European competition law does not allow for the definition of gratuitous markets, and that it is highly unlikely that free products/services can be included in markets with paid products/services. It is also argued that competition law does not apply to truly gratuitous exchanges (“de gratis non curat lex”). This does not mean, however, that free products should not be taken into account in the enforcement of competition law to paid products (e.g. when assessing market power). The conclusions rest on an overall analysis of the highly divergent and contradictory judicial and administrative practice, predominantly from EU legal orders, relating to a wide range of sectors, including TV, radio, print media, online services, software, telephone directories and payment cards.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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