Exclusion in Digital Markets

24(2) Michigan Technology Law Review 181 (2018)

73 Pages Posted: 6 May 2017 Last revised: 20 Jul 2020

Date Written: May 5, 2017

Abstract

This article recasts the existing analytical framework on exclusion to account for the technology-intensive nature of digital markets. It discusses:

a) technological ways that affect the competitive intensity in digital markets
b) empirical data on the durability of competitive advantage in digital markets, and
c) the nature of exclusion as a monopolization tactic from a technological point of view

The technology element is important because as a matter of order it is technological capabilities and limitations that define what the transactional overlay can be, not the other way around. Economists start from the pre-assumption that “in the beginning there [are] markets,” but in markets where the high technology element is prominent, which market actors, transactional interactions, and options are available, and under which conditions, is largely dependent on what is technically possible.

Keywords: exclusion, antitrust, competition, foreclosure, regulation, digital, technology, google, android, IMS, next-generation, Java, Nokia, Verizon, FCC, Microsoft

Suggested Citation

Stylianou, Konstantinos, Exclusion in Digital Markets (May 5, 2017). 24(2) Michigan Technology Law Review 181 (2018), Available at SSRN: https://ssrn.com/abstract=2963648 or http://dx.doi.org/10.2139/ssrn.2963648

Konstantinos Stylianou (Contact Author)

University of Leeds - School of Law ( email )

Leeds LS2 9JT
United Kingdom

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