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Fuchs, Andreas; Zimmer, Daniel --- "Comment: Cooperative networks: a new challenge to competition law or old wine in new bottles?" [2006] ELECD 304; in Ullrich, Hanns (ed), "The Evolution of European Competition Law" (Edward Elgar Publishing, 2006)

Book Title: The Evolution of European Competition Law

Editor(s): Ullrich, Hanns

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845427016

Section Title: Comment: Cooperative networks: a new challenge to competition law or old wine in new bottles?

Author(s): Fuchs, Andreas; Zimmer, Daniel

Number of pages: 9

Extract:

Comment: Cooperative networks: a new
challenge to competition law or old wine
in new bottles?
Andreas Fuchs*

1 INTRODUCTION
In their comprehensive and profound analysis Maria Leitão Marques and Ana
Abrunhosa have provided us with a detailed picture of the wide range and differ-
ent forms of possible cooperation schemes in fast changing global markets.
Interestingly, the carefully selected cases not only cover different types of coop-
eration but also different modes of moving ­ from walking to driving to flying.
On our way to Florence many of us probably have used at least one of the prod-
ucts mentioned in the case studies. I took a Star Alliance flight from Osnabruck
to Florence but I drove a car other than a Volkswagen Sharan or Ford Galaxy to
get to the airport, and as a pedestrian here in Florence I do not wear Aerosole
shoes. Since I have been in contact with only one of the products in question,
and because of the tight time constraints, I am not going to comment on the case
studies but shall constrain myself to some general remarks mainly on the legal
implications of cooperative networks and strategic alliances.
The first question coming to my mind as a lawyer is whether these modern
features of cooperation really present a new challenge to competition law or
whether they are just old wine in new bottles. Traditional joint ventures have
also covered a wide range of different types, some being merely cooperative,
others being more or ...