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A new landscape for digital antitrust in Europe: Walking the ever-narrowing line between competition on the merits and anticompetitive conduct

Kilpailuoikeudellinen vuosikirja 2021 s. 11–56
17.3.2023
Asiantuntija-artikkeli

The present article provides a comprehensive overview of the ongoing process taking place in Europe that is reshaping competition law to bring it up to speed with the digital era. In the last couple of years, various legislative initiatives have been launched that have turned the reflective discourse in this area into concrete action. For instance, in December 2020, the European Commission (“Commission”) published its Proposal for a Digital Markets Act (“DMA Proposal”). This proposal seeks to ensure fair and open digital markets by imposing stringent requirements on so-called “gatekeeper” platforms. The inter-institutional deliberations on this key piece of EU legislation were wrapped up in late March 2022, and adoption is expected sometime in the summer of this year.

The intention of the article is to shed light on the precise extent to which a material need for new rules specific to the digital sector actually arises, as well as to assess the adequacy of the approaches that are currently on the table to target the perceived concerns.

(Edilex-toimitus)

Asiasanat
• Alustatalous - Digitalisaatio - Euroopan komissio - Kilpailu - Teknologiatoiminta