Competition Law in Media Markets and its Contribution to Democracy – A Global Perspective

In: World Competition Law and Economics Review, Vol. 38, Issue 3, 2015, pp. 367-394

Max Planck Institute for Innovation & Competition Research Paper No. 14-16

32 Pages Posted: 30 Oct 2014 Last revised: 2 May 2017

See all articles by Josef Drexl

Josef Drexl

Max Planck Institute for Innovation and Competition; Ludwig Maximilian University of Munich (LMU)

Date Written: October 16, 2014

Abstract

Beyond regulating markets, competition law also has a political dimension. This is especially the case in media markets, where competition policy may produce particular trade-offs for the development of democracy. Yet it is a different question whether competition law enforcement should take democracy into account as a goal and, even more so, whether this goal should influence the analytical framework for applying competition law. By putting a focus on emerging and developing economies, this article answers this question in the affirmative. It thereby builds on a recent study conducted for the World Intellectual Property Organization (WIPO) on the application of competition laws around the world to copyright-related markets. Whereas, in the past, the interface of competition law and democracy was mostly discussed with regard to media mergers, an analysis of some unilateral conduct cases shows that the ‘democratic goal’ can argue either for or against intervention. Yet promoting the goal of democracy will not conflict with an economics-based analysis of competition law if, based on an evolutionary concept of competition, enforcers promote diversity of content and ideas in copyright-related media markets. In addition, the article highlights the need of independent agencies to guarantee credibility of competition law enforcement in media markets.

Keywords: competition law, democracy, media markets, copyright, emerging economies, developing countries, cultural diversity, media plurality

Suggested Citation

Drexl, Josef, Competition Law in Media Markets and its Contribution to Democracy – A Global Perspective (October 16, 2014). In: World Competition Law and Economics Review, Vol. 38, Issue 3, 2015, pp. 367-394; Max Planck Institute for Innovation & Competition Research Paper No. 14-16. Available at SSRN: https://ssrn.com/abstract=2511146 or http://dx.doi.org/10.2139/ssrn.2511146

Josef Drexl (Contact Author)

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

HOME PAGE: http://www.ip.mpg.de

Ludwig Maximilian University of Munich (LMU)

Munich, 80539
Germany

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