Amazon Is Not Essential, Except to the EU’s Flawed Investigations
ICLE Antitrust & Consumer Protection Research Program, Issue Brief 2019-03-28
11 Pages Posted: 30 May 2019
Date Written: March 28, 2019
This issue brief explores the flaws in designating Amazon as something like an “essential facility,” as well as the attendant errors of treating the distribution mechanism of Internet-based commerce as though it were a market definition, and the problems with failing to learn the innovation-damaging effects of the Microsoft case.
Keywords: Antitrust, Essential Facilities Doctrine, EU, internet exceptionalism, Market Definition, Refusal to Deal
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