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Dr Anca Chirita's Outputs (43)

Exclusionary and exploitative abuse of consumer data (2023)
Book Chapter
Chirita, A. D. (in press). Exclusionary and exploitative abuse of consumer data. In M. Ioannidou, & D. Mantzari (Eds.), Research Handbook on Competition Law and Data Privacy. Edward Elgar Publishing

This chapter advances a novel hybrid concept of abuse of consumer data, alongside algorithmic price discrimination and consumer data combinations, which have negative exclusionary and exploitative welfare effects on the fundamental freedom of busines... Read More about Exclusionary and exploitative abuse of consumer data.

Data-Driven Unfair Competition in Digital Markets (2023)
Journal Article
Chirita, A. D. (2023). Data-Driven Unfair Competition in Digital Markets. Journal of Science & Technology Law, 29(2),

This article expands the controversial catalogue of abusive practices to account for new types of data-driven unfair practices, such as data leveraging and combination, behavioral and personalized discrimination, excessive and algorithmic pricing, an... Read More about Data-Driven Unfair Competition in Digital Markets.

Written Evidence to the CMA on competition for environmental sustainability (2022)
Report
Chirita, A. D. (2022). Written Evidence to the CMA on competition for environmental sustainability. [No known commissioning body]

In 2021, both the UK CMA and the EU DG COMP articulated a set of public policy objectives to advance sustainability and contribute to the green economy. The international scope of sustainability is wider than that of the green economy to include comp... Read More about Written Evidence to the CMA on competition for environmental sustainability.

Abuse of Global Platform Dominance or Competition on the Merits? (2021)
Journal Article
Chirita, A. D. (2022). Abuse of Global Platform Dominance or Competition on the Merits?. Loyola consumer law review, 33(1), 1-37

Contrary to mainstream opinion, suggesting that dominant online platforms compete on their own merits and that their abuse of the large-scale accumulation of data should fall under data or privacy laws, this article argues that competition law should... Read More about Abuse of Global Platform Dominance or Competition on the Merits?.

The Crossroads of Competition, Technology and Big Data (2018)
Presentation / Conference Contribution
Chirita, A. D. (2018, December). The Crossroads of Competition, Technology and Big Data. Paper presented at Competition Policy 2018: The relationship between antitrust, innovation and investment, Chatham House, The Royal Institute of International Affairs, London

Data-Driven Mergers under EU Competition Law (2018)
Presentation / Conference Contribution
Chirita, A. D. (2018, December). Data-Driven Mergers under EU Competition Law. Paper presented at Conference on the 'Effects of Digitalization, Globalization, and Nationalism on Competition Law, New York University School of Law, USA

HM Treasury's Digital Competition Expert Panel (2018)
Presentation / Conference Contribution
Chirita, A. D. (2018, December). HM Treasury's Digital Competition Expert Panel. Paper presented at HM Treasury's Oral Evidence Round Table, The Law Society, London

Written Evidence to HM Treasury's Digital Competition Expert Panel (2018)
Report
Chirita, A. D. (2018). Written Evidence to HM Treasury's Digital Competition Expert Panel. [No known commissioning body]

Building upon my previous research on ‘The Rise of Big Data’, I can highlight the existence of a two-tier system of micro- and large-scale (big) data analytics. All companies that dominate local or neighbouring markets collect data at a micro-scale l... Read More about Written Evidence to HM Treasury's Digital Competition Expert Panel.

The Rise of Big Data and the Loss of Privacy (2018)
Book Chapter
Chirita, A. D. (2018). The Rise of Big Data and the Loss of Privacy. In M. Bakhoum, B. Conde Gallego, M. Mackenordt, & G. Surblytė-Namavičienė (Eds.), Personal data in competition, consumer protection and intellectual property law : towards a holistic approach? (153-189). Springer Verlag. https://doi.org/10.1007/978-3-662-57646-5_7

This chapter offers a classification of personal data based on the study of privacy policies of Google, Microsoft Windows, Facebook, Instagram, Linked-In, and Whisper. It argues that online price discrimination contributes to higher corporate profits... Read More about The Rise of Big Data and the Loss of Privacy.

Competition Policy's Social Paradox: Are We Losing Sight of the Wood for the Trees? (2018)
Journal Article
Chirita, A. D. (2018). Competition Policy's Social Paradox: Are We Losing Sight of the Wood for the Trees?. European Competition Journal, 14(2-3), 367-416. https://doi.org/10.1080/17441056.2018.1533366

The present contribution seeks to provide a normative justification for the better consideration of employment and its negative social consequences in the area of mergers. First, it challenges the widespread rhetoric of competition policy when advanc... Read More about Competition Policy's Social Paradox: Are We Losing Sight of the Wood for the Trees?.

The Disclosure of Evidence under the ‘Antitrust Damages’ Directive 2014/104/EU (2017)
Book Chapter
Chirita, A. D. (2017). The Disclosure of Evidence under the ‘Antitrust Damages’ Directive 2014/104/EU. In V. Tomljenović, N. Bodiroga-Vukobrat, V. Butorac Malnar, & I. Kunda (Eds.), EU competition and state aid rules : public and private enforcement (147-173). Springer Verlag. https://doi.org/10.1007/978-3-662-47962-9_8

The aim of this contribution is to reflect on the principles underpinning the disclosure of evidence under Directive 2014/104/EU, namely the principles of proportionality, effectiveness, equivalence and consistency. It also aims to review the legisla... Read More about The Disclosure of Evidence under the ‘Antitrust Damages’ Directive 2014/104/EU.

Impact of Economic Efficiency on Employment: A Case Study of Mergers and Acquisitions (2016)
Presentation / Conference Contribution
Chirita, A. D. (2016, October). Impact of Economic Efficiency on Employment: A Case Study of Mergers and Acquisitions. Paper presented at 82nd International Atlantic Economic Society Conference., Washington, DC, USA

The paper challenges the present rhetoric used by competition policy makers and enforcers when advancing economic efficiency based on the assumption that promoting efficiency will help inefficient market players to leave the market. However, an exit... Read More about Impact of Economic Efficiency on Employment: A Case Study of Mergers and Acquisitions.

Procedural Rights in EU Administrative Competition Proceedings: Ex Ante Mergers (2016)
Book Chapter
Chirita, A. D. (2016). Procedural Rights in EU Administrative Competition Proceedings: Ex Ante Mergers. In C. Cauffman, & Q. Hao (Eds.), Procedural rights in competition law in the EU and China (59-99). Springer Verlag. https://doi.org/10.1007/978-3-662-48735-8_4

The present contribution has two inter-related purposes: first, to analyse the context and legal framework of procedural rights in EU competition law, in particular, the administrative notification of mergers, and second, to critically review any per... Read More about Procedural Rights in EU Administrative Competition Proceedings: Ex Ante Mergers.

Google's Anti-competitive and Unfair Practices in Digital Leisure Markets (2015)
Journal Article
Chirita, A. D. (2015). Google's Anti-competitive and Unfair Practices in Digital Leisure Markets. Competition law review, 11(1), 109-131

The purpose of this article is to reflect on the critical use of commitments in the Google case and to analyse and review the matrix of facts that have been highlighted in the academic and practitioner literature. Therefore, the core areas of reflect... Read More about Google's Anti-competitive and Unfair Practices in Digital Leisure Markets.

A Legal-Historical Review of the EU Competition Rules (2014)
Journal Article
Chirita, A. D. (2014). A Legal-Historical Review of the EU Competition Rules. International and Comparative Law Quarterly, 63(2), 281-316. https://doi.org/10.1017/s0020589314000037

This article aims to review EU competition rules by undertaking a historical purposive interpretation of the drafting process of the Treaty of Rome. It reveals new insights based on a consideration of several historical archives starting with the Sch... Read More about A Legal-Historical Review of the EU Competition Rules.

The Impact of the European Union Current Crisis on Law, Policy and Society (2014)
Journal Article
Chirita, A. D. (2014). The Impact of the European Union Current Crisis on Law, Policy and Society. The Cambridge yearbook of European legal studies, 16, 255-288. https://doi.org/10.1017/s1528887000002615

This chapter aims to understand the general nature of the current economic crisis from a socio-legal, economic, ideological and political perspective and to analyse the complexity of the multiple causes which have led to this crisis. The impact of th... Read More about The Impact of the European Union Current Crisis on Law, Policy and Society.

Cross-Border Service Payments under EU Fair Competition and SEPA Rules (2012)
Journal Article
Chirita, A. D. (2012). Cross-Border Service Payments under EU Fair Competition and SEPA Rules. European Competition Journal, 8(2), 403-428. https://doi.org/10.5235/ecj.8.2.403

EU rules on the functioning of a Single European Payment Area (SEPA) Union-wide with free movement of cross-border services have an impact upon fair competition in the internal market for both consumers and smaller businesses. Under Article 102 (a) T... Read More about Cross-Border Service Payments under EU Fair Competition and SEPA Rules.

The Impact of Directive 2011/83/EU on Consumer Rights (2012)
Book Chapter
Chirita, A. D. (2012). The Impact of Directive 2011/83/EU on Consumer Rights. In A. Keirse, & M. Loos (Eds.), Alternative ways to ius commune : the Europeanisation of private law (65-82). Intersentia

Accesul la Facilităţi Esenţiale: O Perspectivă Comparativă a Dreptului Concurenţei Comerciale Referitoare la Folosirea Comună şi Cazuri Recente Privind Preţurile Forfetare (2011)
Journal Article
Chirita, A. D. (online). Accesul la Facilităţi Esenţiale: O Perspectivă Comparativă a Dreptului Concurenţei Comerciale Referitoare la Folosirea Comună şi Cazuri Recente Privind Preţurile Forfetare. Concurenţa (Bucureşti), 38-48

Prezenta contribuţie are ca scop o prezentare comparativă succintă a cadrului juridic al accesului la facilităţi esenţiale în dreptul european, roman şi german al concurenţei comerciale, precum şi a elementelor cheie în tratarea unor astfel de cazuri... Read More about Accesul la Facilităţi Esenţiale: O Perspectivă Comparativă a Dreptului Concurenţei Comerciale Referitoare la Folosirea Comună şi Cazuri Recente Privind Preţurile Forfetare.

The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU (2011)
Book
Chirita, A. D. (2011). The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU. Nomos. https://doi.org/10.5771/9783845230306

The book approaches the substantive provisions on the abuse of dominance by undertakings, the relevant economic and historically rooted approaches, including EU competition policy goals after Lisbon, based on the German and Romanian legal context, co... Read More about The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU.

Undistorted, Un(fair) Competition, Consumer Welfare and the Interpretation of Article 102 TFEU (2010)
Journal Article
Chirita, A. D. (2010). Undistorted, Un(fair) Competition, Consumer Welfare and the Interpretation of Article 102 TFEU. World Competition, 33(3), 417-436

This article explains the Lisbon Treaty’s provisions relating to competition policy and offers a dynamic interpretation of Article 102 Treaty on the Functioning of the European Union (TFEU), which could justify the consideration of an effects-based a... Read More about Undistorted, Un(fair) Competition, Consumer Welfare and the Interpretation of Article 102 TFEU.

The EC Commission’s Guidance Paper on the Application of Article 82 EC: An Efficient Means of Compliance for Germany? (2009)
Journal Article
Chirita, A. D. (2009). The EC Commission’s Guidance Paper on the Application of Article 82 EC: An Efficient Means of Compliance for Germany?. European Competition Journal, 5(3), 677-700. https://doi.org/10.5235/ecj.v5n3.677

This article aims to introduce the Guidance Paper’s key features in applying Article 82 EC to abusive exclusionary conduct by dominant undertakings. It will therefore examine the concepts of consumer welfare, anticompetitive foreclosure, consumer har... Read More about The EC Commission’s Guidance Paper on the Application of Article 82 EC: An Efficient Means of Compliance for Germany?.

The Analysis of Market Dominance and Restrictive Practices under German Antitrust Law in Light of EC Antitrust Law (2008)
Journal Article
Chirita, A. D. (2008). The Analysis of Market Dominance and Restrictive Practices under German Antitrust Law in Light of EC Antitrust Law. European Competition Journal, 4(2), 415-441. https://doi.org/10.5235/ecj.v4n2.415

This article analyses key features of the German Act Against Restraints of Competition (section 19), including the more severe provisions of section 20, and aims to discuss the economic freedom of competition approach to the abuse of a dominant marke... Read More about The Analysis of Market Dominance and Restrictive Practices under German Antitrust Law in Light of EC Antitrust Law.