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...

Facebook, Amazon, Netflix and Google, as well as Twitter – the FANG companies – have transformed society with both positive and negative effects. Soaring consumer access to information, news, social networks, and entertainment has been stimulated by the ever-more ubiquitous and falling...

There can be no doubt that the FANG companies – Facebook, Amazon, Netflix and Google, as well as Twitter – have transformed society since their emergence. Like all social transformations, the changes wrought by their services have had ripple effects that are both positive and negative. On...

Robert Bork's Antitrust Paradox (1978) has been justification for lack of antitrust behavior for over four decades. His test essentially asks if consumers are harmed by the pricing practices of the firm in the market in which they purchase the good or service. Even if these firms are monopoly or...

The European Commission is charged with implementing the Digital Markets Act (DMA) which will impose a list of 22 do and don't to Big Tech platforms in March 2024. Based on economic and legal reasoning, this paper asks how the Commission can fulfil this challenging task effectively. The paper...

The digitisation of existing business models and the new way of doing business of digital platforms pose new challenges both to the performance of companies in the market and to the lives of consumers and users. The dominant digital companies are all American (Google, Facebook, Amazon, and...

Antitrust analysis of online markets is a hot topic around the world. In a number of jurisdictions, online markets already have been subject to antitrust review in merger or conduct cases. In other jurisdictions, these issues are in a nascent stage of policy. A number of lessons can be learned...

A number of issues arise with regard to competition law and data protection, in particular in the online services context. For one, the relationship between competition law and privacy is yet to be fully understood and we discuss below the aspects of this conundrum: first, we look into the issue...

A number of authors have in recent years stated that current antitrust rules may not be able to police supra-competitive price levels (or indeed other undesirable market outcomes) which may result from the use of price robots. This paper discusses what tools are available in EU antitrust law to...

Despite the rationale and the legal basis of the Digital Markets Act (DMA), the European legal framework risks to become more fragmented in the post-DMA scenario because of overlaps with competition law. The paper provides an analytical overview of the hypotheses in which the dual application of...