Ignacio Herrera Anchustegui

Bio: Ignacio Herrera Anchustegui is an academic researcher from University of Bergen. The author has contributed to research in topic(s): Competition law & Competition (economics). The author has an hindex of 5, co-authored 20 publication(s) receiving 56 citation(s).

Unfair trading practices in the food supply chain

Abstract: Ce dossier est specialement dedie a la reglementation des pratiques commerciales deloyales de la chaine d'approvisionnement alimentaire, et presente une selection de contributions sur les differents…

Impact of public procurement aggregation on competition: risks, rationale and justification for the rules in directive 2014/24

Abstract: This paper assesses the risks, rationale and justification for the rules on centralisation and aggregation of public procurement in Directive 2014/24. The paper explores the justifications advanced for the aggregation of purchasing and the countervailing risks it generates. In both cases, it focuses in economic and administrative aspects. It then proceeds to a summary overview of the new rules for the aggregation of public procurement in Directive 2014/24, and emphasised how the Directive is expressly recognising possibilities that clearly exceed the more modest approach in Directive 2004/18. Moving on, it then focusses on the potential justification for certain activities now permitted by the 2014 rules, and engages in a critical assessment of their competitive impact. The paper briefly highlights the far-reaching and not necessarily positive implications that a maximisation of the centralisation and aggregation possibilities under Directive 2014/24 could have, and proposes that strict competition law enforcement will be necessary to avoid undesired consequences. Some suggestions for further research are provided by way of conclusions.

Competition Law Through an Ordoliberal Lens

Abstract: Ordoliberalism is a German school of economic thought that advocates regulating the free market economic based on a set of state imposed rules guaranteed by the economic constitution to impose a competitive order in society. It proposes an alternative method to pure laissez-faire and state planned economy for the better regulation of the market economy by having as goals the protection of the competitive process and individual freedom. In this article I submit that ordoliberalism, an indigenous European competition policy, is an adequate economic and analytical tool to base the practice and decision making of competition law a. My aim is twofold: contribute to the discussion on what ordoliberalism is in general and in particular concerning competition policy, and offer a new perspective on an ordoliberal-oriented competition policy.

Buyer Power In The Big Data And Algorithm Driven World: The Uber & Lyft Example

Abstract: For competition lawyers, Uber is an interesting subject to study. Not only does Uber change the dynamics of the transportation market but it also raises interesting competition law questions. Last year for example, a class action suit against Uber in New York raised the question whether Uber is possibly arranging a hub and spoke cartel amongst the drivers by coordinating their selling prices. 2017 has continued to be litigious and interesting.One of these new class action lawsuits might also raise thought-provoking antitrust issues related to big data and buyer power. Uber, the maverick firm that revolutionized passenger transportation services across the world has been now sued over its alleged use of its “Hell” software before the U.S. District Court for the Northern District of California filed on April 24th, 2017. The suit alleges a breach of privacy laws due to interception of private communications and unfair competition.This software apparently allowed Uber to track Lyft drivers, its main competitor, create fake Lyft accounts, determine which drivers drove for both companies, and “execut[e] a plan meant to entice double-appers to drive exclusively for them”.In this paper we explore such behaviour from a different perspective, the antitrust one. The focus of this paper is on exploring relevant behavior from a buyer power-oriented focusing on reverse rebates and overbuying, while not engaging in a concrete analysis of Uber’s conduct. This analysis provides us with the opportunity to re-explore traditional antitrust concepts, anchored on the purchasing of raw material, in the data and algorithm driven world, in particular, how companies can use big data in anticompetitive strategies, such as granting supra-competitive bonuses, overbuying, and raising rival’s costs through overbuying input (Less)

Competition law through an Ordoliberal Lens

Abstract: Ordoliberalism is a German school of economic thought that advocates regulation of the free market economy based on a set of state-imposed rules guaranteed by the economic constitution, to impose a competitive order in society. It proposes an alternative method to pure laissez-faire and state-planned economy for the better regulation of the market economy, where the goals are the protection of the competitive process and individual freedom. In this paper I submit that ordoliberalism, an indigenous European competition policy, is an adequate economic and analytical tool upon which to base the practice and decision-making of competition law. My aim is twofold: to contribute to the discussion on what ordoliberalism is, in general, and in particular concerning competition policy , and offer a fresh perspective on an ordoliberal-oriented competition policy.

The long shadow of public policy; Barriers to a value-based approach in healthcare procurement

Abstract: Procurement in the UKs National Health Service (NHS) is facing its most significant financial challenge Despite the sheer scale and complexities of the public healthcare sector, the Government's solutions are all too often packaged as "collaborate more", "standardise products" and "leverage spend" Unfortunately, these over simplistic solutions take a myopic view of market drivers, conflate spend with potential savings and fail to deliver value Many contracts have already been commercially optimised yet the funding crisis continues to deepen New value-based procurement approaches are needed to drive longer-term innovation and cost reduction and to move debates from efficiencies to embrace effectiveness in integrated supply chains In this research, we adopt the resource-based view (RBV) as a lens to explore the extent to which NHS resources support the strategic adoption of value-based approaches An empirical case study on a regional cluster of six NHS Trusts in England, confirms the dominance of narrow price-based approaches that create barriers to moving towards longer-term, valuebased procurement The antecedent roots of price-based approaches are unpicked through a hermeneutic analysis of recent Government commissioned reports to show how these have set the tone, culture and priorities for healthcare procurement in the UK The analysis provides explanatory power to the case study by illustrating how Government reports have led to, and legitimised the dominance of price-based approaches and caused relational and resource-based barriers to adopting value-based procurement, despite stakeholder enthusiasm The findings provide unique insights into why public procurement has struggled to reach beyond its traditional cost orientated scope We contribute to an extended consideration of the RBV in public organisations through identifying the role of the policy environment in determining and legitimatising an organisation's strategic direction

Self-Governance in Science: Community-Based Strategies for Managing Dangerous Knowledge

Abstract: Commercial and academic communities use private rules to regulate everything from labor conditions to biological weapons. This self-governance is vital in the twenty-first century, where private science and technology networks cross so many borders that traditional regulation and treaty solutions are often impractical. Self-Governance in Science analyzes the history of private regulation, identifies the specific market factors that make private standards stable and enforceable, explains what governments can do to encourage responsible self-regulation, and asks when private power might be legitimate. Unlike previous books which stress sociology or political science perspectives, Maurer emphasizes the economic roots of private power to deliver a coherent and comprehensive account of recent scholarship. Individual chapters present a detailed history of past self-government initiatives, describe the economics and politics of private power, and extract detailed lessons for law, legitimacy theory, and public policy.

Natural Monopolies in Digital Platform Markets

Abstract: Competition policy debates on digital platform markets are often premised on the idea that market fragmentation and the standard forces of competition and entry may provide a potential solution to excessive concentration and market power. In this work, Francesco Ducci provides readers with a different perspective based on the theoretical lens of natural monopoly. Ducci explores this framework through the development of three case studies on horizontal search, e-commerce marketplaces, and ride-hailing platforms, investigating the strength and limit of potential (and often heterogeneous) sources of natural monopoly at play in each industry. Building on these case studies, the book then derives from the application of the natural monopoly framework general policy implications for digital industries by identifying the respective institutional flaws and shortcomings of ex ante and ex post approaches to market power as one of the central challenges in digital platform markets.

Puede sancionarse a las Administraciones Públicas cuando no actúan como operador económico si restringen la competencia o promueven conductas anticompetitivas

Abstract: En ocasiones las conductas anticompetitivas de los operadores en el mercado vienen precedidas o acompanadas de intervenciones de los poderes publicos que las incitan, promueven o patrocinan. En otros casos las restricciones de la competencia se derivan directamente de una actuacion administrativa sin amparo legal que distorsiona el funcionamiento de los mercados. La praxis de las autoridades de defensa de la competencia en Espana en los ultimos anos ofrece varios ejemplos de algunos supuestos de este tipo, que tampoco son insolitos en otras jurisdicciones. Este trabajo pasa revista a la reciente casuistica espanola y analiza criticamente el tratamiento otorgado a estas intervenciones de las Administraciones Publicas por las autoridades de competencia espanolas.