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Article De Blog Scientifique Année : 2020

Towards New Tools in Competition Law: Some legal and economic considerations, Competition forum, December 2020

Marie Cartapanis
Frédéric Marty

Résumé

The treatment of digital platforms by competition laws is the subject of numerous reflections in the economic and legal literatures as well as in the sphere of public policy. The two preliminary impact assessments issued by the Commission, the “New Competition Tools” and the “Digital Services Package”, are symptomatic of a possible paradigm shift in matters of competition laws enforcement. The novelty that these instruments could bring would be twofold. On the one hand, the injonction is detached from the finding of abuse. On the other hand, it is not the behavior that is targeted but the actual or potential market structure itself if the purpose is to prevent the creation of a dominant position that is feared to be perennial. The assumption is that the remedy may not sanction an anti-competitive behavior but may aim to shape the structure of the market in order to make the competitive process effective again. Even if we do not yet know the exact scope of the instruments that are intended to be put in place, this paper does not aim to address all the issues at stake; this would be too ambitious and chimeric. However, it would be advisable, as of now, to draw up lines of thought as to the effectiveness and efficiency of the tools envisaged. Finally, we consider the paradigm shift that the introduction of new technologies implies in competition, and drawing perspectives with a parallel between British and French national competition law.

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hal-03186055 , version 1 (18-10-2021)

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  • HAL Id : hal-03186055 , version 1

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Marie Cartapanis, Frédéric Marty. Towards New Tools in Competition Law: Some legal and economic considerations, Competition forum, December 2020. 2020. ⟨hal-03186055⟩

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