Horizontal Restraints on Platforms: How Digital Ecosystems Nudge into Rethinking the Construal of the Cartel Prohibition

25 Pages Posted: 3 Aug 2020 Last revised: 18 Mar 2021

See all articles by Stefan Thomas

Stefan Thomas

University of Tuebingen - Faculty of Law

Date Written: July 7, 2020

Abstract

This paper deals with collusive risks that can result from the ecosystems created by digital platforms. Recent case reports reflect that the potential for harm and benefit can be tightly interwoven here. It is not entirely clear, however, in what way the creation of a platform can, in itself, amount to a breach of the cartel prohibition, and how the potential for harm can be balanced against efficiencies in those cases. I argue in favor of an integrated construal of conduct and effect in order to close regulatory gaps whilst preventing false positives.

Keywords: algorithm, ancillary restraints, cartel, consumer welfare, platform

JEL Classification: K21, L13, L41

Suggested Citation

Thomas, Stefan, Horizontal Restraints on Platforms: How Digital Ecosystems Nudge into Rethinking the Construal of the Cartel Prohibition (July 7, 2020). Available at SSRN: https://ssrn.com/abstract=3645095 or http://dx.doi.org/10.2139/ssrn.3645095

Stefan Thomas (Contact Author)

University of Tuebingen - Faculty of Law ( email )

Geschwister Scholl Platz
Tuebingen, 72074
Germany
0049-7071-29-72556 (Phone)
0049-7071-29-2105 (Fax)

HOME PAGE: http://www.jura.uni-tuebingen.de/professoren_und_dozenten/thomas

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