Applying EU Competition Law to Online Platforms: The Road Ahead

Mandrescu D. (2017), Applying EU competition law to online platforms: the road ahead - Part 1, European Competition Law Review 38(8): 353-365

Mandrescu D. (2017), Applying EU competition law to online platforms: the road ahead - Part 2, European Competition Law Review 38(9): 410-422

37 Pages Posted: 15 Feb 2018

See all articles by Daniel Mandrescu

Daniel Mandrescu

Leiden University, Leiden Law School, Europa Institute

Date Written: May 17, 2017

Abstract

The adequate application of EU competition law to online platforms will entail multiple challenges to the current framework, which have yet been comprehensively explored. This contribution provides an overview of such challenges that enforcement authorities and undertakings will face in absence of certain modifications to the framework of Articles 101 and 102 TFEU.

The various challenges that will arise in the course of application may be divided into three categories, namely application thresholds, qualification of practices and justification possibilities. In the context of this article, application thresholds refer to the instance wherein certain behavior is considered as falling under the scope of Art. 101 or 102 TFEU. Qualifications of practices refer to the assessment of an investigated behavior and the finding of an abuse of dominance or a restriction of competition through coordination by object or effect. Finally, challenges concerning justification grounds in the context of this paper refer to the feasibility of relying on the justification grounds of Articles 101 and 102 TFEU.

Keywords: competition law, online platforms, innovation, digital economy, dominance, market definition, concerted practices

JEL Classification: K21, K2

Suggested Citation

Mandrescu, Daniel, Applying EU Competition Law to Online Platforms: The Road Ahead (May 17, 2017). Mandrescu D. (2017), Applying EU competition law to online platforms: the road ahead - Part 1, European Competition Law Review 38(8): 353-365. Available at SSRN: https://ssrn.com/abstract=3117840

Daniel Mandrescu (Contact Author)

Leiden University, Leiden Law School, Europa Institute ( email )

Steenschuur 25
Leiden, 2311ES
Netherlands

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