Antitrust Law and Digital Markets: A Guide to the European Competition Law Experience in the Digital Economy

25 Pages Posted: 13 Jul 2020 Last revised: 22 Dec 2020

See all articles by Viktoria H.S.E. Robertson

Viktoria H.S.E. Robertson

University of Graz; Vienna University of Economics and Business

Date Written: February 28, 2020

Abstract

Leading jurisdictions around the world are debating whether the nature of data-driven digital markets and the smart technologies that enable these markets require a re-thinking of how antitrust law applies to digital markets. There are many aspects to consider in this discussion, relating both to the analytical tools that competition law applies and to the way that anti-competitive behaviour is understood. This contribution provides an overview of the challenges that competition law faces in digital markets, including market definition, market power assessments, anti-competitive agreements, abuse of dominance and mergers. It analyses how European competition law has dealt with these challenges in the recent past and discusses what provisional conclusions some of the major European reports have arrived at in order to meet these challenges. It outlines those areas of competition law that require new answers, either by competition law practice, through soft law instruments or by legislators.

Keywords: abuse of dominance, anti-competitive agreements, antitrust law, competition law, data concentration, data markets, data protection, digital economy, digital platforms, dominant position, killer acquisitions, market definition, market power, modernisation, platform markets, privacy

JEL Classification: D42, D43, K21, K42, L41, O30

Suggested Citation

Robertson, Viktoria H.S.E., Antitrust Law and Digital Markets: A Guide to the European Competition Law Experience in the Digital Economy (February 28, 2020). Available at SSRN: https://ssrn.com/abstract=3631002 or http://dx.doi.org/10.2139/ssrn.3631002

Viktoria H.S.E. Robertson (Contact Author)

University of Graz ( email )

Universit├Ątsstra├če 15/C4
Graz, 8010
Austria

HOME PAGE: http://unternehmensrecht.uni-graz.at/de/institut/mitarbeiterinnen/robertson/

Vienna University of Economics and Business ( email )

Welthandelsplatz 1
Vienna, Wien 1020
Austria

HOME PAGE: http://www.wu.ac.at/en/complaw/

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