This brief policy paper highlights three issues related to the complementary nature of the Digital Markets Act and the EU antitrust rules. These include (i) practical considerations on the choice of enforcement tool on the part of the European Commission and national competition authorities,...

The Digital Markets Act (DMA) wants to ensure that digital markets are – or once again become – contestable and fair. To that purpose, Articles 5, 6 and 7 DMA foresee some ground rules for those providers of core platform services that have been designated as digital gatekeepers. These are...

In competition law, the relevant market acts as a filter that delineates that part of commerce within which competition law assesses companies’ market behaviour. This contribution considers how competition law can reconcile the legal concept of the relevant market with its economic roots. It...

German Abstract: Digitale Plattformen prägen das digitale Zeitalter. In letzter Zeit gelangten sowohl die sogenannten GAFAM (Google, Apple, Facebook, Amazon und Microsoft) als auch weitere digitale Plattformen vermehrt in den Fokus der Kartellrechtshüter:innen. Dabei bildet die Marktmacht der...

German Abstract: Daten sind Informationen, und genaue Informationen – über Kund:innen, Mitbewerber:innen, den Markt, das Produkt – sind das Herzstück eines jeden erfolgreichen Unternehmens. Gleichzeitig können Daten aber auch für unangemessene Zwecke missbraucht werden. Auf digitalen...

The European Union is transitioning to a digital and green economy, an ambitious endeavour that must be supported by all of its policies and actions. This includes competition law as a central pillar of the European economic constitution. While a greener and more privacy-friendly EU competition...

In the 21st century, voter choice and the broader political debate are within the reach of those that can access and channel the vast streams of user data that are generated online. The role of personal user data in digital markets, as well as the use that digital platforms make of that data in...

A new sustainability exemption entered into force with Austria’s most recent competition law amendment of September 2021. The new exemption provision’s aim is to promote genuine green cooperation. The sustainability exemption’s scope of application, however, is not yet clear. The Austrian...

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...

Competition law needs to be able to rely on its most fundamental analytical tools in order to properly carry out competitive assessments. This includes market definition as the first step in virtually any competition case. And this also holds true in digital markets. Market definition has risen...