The evolvement of online platforms over the past decade has profoundly impacted consumers and business owners by facilitating and enhancing the intermediation and interaction between them. This... Show moreThe evolvement of online platforms over the past decade has profoundly impacted consumers and business owners by facilitating and enhancing the intermediation and interaction between them. This allowed online platforms to continuously evolve as key players in the digital market. It was, however, not long before concerns were raised as to whether this process is unfolding in accordance with EU antitrust law and if not, whether EU antitrust law enforcement is feasible in light of the distinguishing multisided character of online platforms.This book consists of a compilation of articles that address some of the main elements of the application process of EU antitrust law to online platforms, with particular focus on art. 102 TFEU. It provides an overview of the various legal hurdles that need to be overcome in the process of enforcement with regard to such players and offers potential solutions for overcoming them. In this process, the interplay between the material and procedural boundaries of the current EU antitrust law framework and the distinguishing multisided nature of online platforms is extensively explored. The research and findings covered in this book are of value for academics and practitioners working in the field of (EU) antitrust law. Show less
The prohibition of anti-competitive unilateral conduct by firms with market power is not absolute, but allows for derogation. For the purposes of EU law, the ECJ has accepted that a so-called ... Show moreThe prohibition of anti-competitive unilateral conduct by firms with market power is not absolute, but allows for derogation. For the purposes of EU law, the ECJ has accepted that a so-called ‘objective justification’ plea may be invoked in the case of a prima facie abuse of dominance. Even though this is long-standing case law, many uncertainties remain as to its interpretation. This thesis contains a detailed examination of this concept of ‘(objective) justification’, focusing in particular on its scope and the applicable legal conditions. The thesis submits that this concept is highly important, as it can steer Article 102 TFEU away from a formalistic approach and give ample weight to the prevalent context. Although the thesis focuses on EU law, it also seeks inspiration from the approach in other jurisdictions. A comparative study includes relevant cases from various EU Member States (France, Germany, Ireland, Luxembourg, the Netherlands, Spain and the UK) and non-EU jurisdictions (Australia, Canada, Hong Kong, Singapore, South Africa and the US). The study reveals that these jurisdictions have accepted the availability of a justification plea, and have dealt with the concept in strikingly similar ways. Show less
Competition policy is often viewed as an area where maximising economic efficiency is the exclusive aim. Dealing with broader policy concerns, such as redistribution or environmental protection, is... Show moreCompetition policy is often viewed as an area where maximising economic efficiency is the exclusive aim. Dealing with broader policy concerns, such as redistribution or environmental protection, is the job of the legislator, not the competition enforcer. In this thesis, it is argued that, in the case of EC competition policy, this approach is wrong. In reaching this conclusion, legal, governance and economic arguments are relied upon. It is argued that environmental factors have not, in general, been given sufficient weight in the application of EC competition law to date. This is true for the competition rules applicable to private undertakings (particularly Articles 81 and 82 of the EC Treaty) as well as those applicable to the state (particularly Article 87 of the EC Treaty) Show less
