Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/289607 
Year of Publication: 
2024
Series/Report no.: 
Ilmenau Economics Discussion Papers No. 186
Publisher: 
Technische Universität Ilmenau, Institut für Volkswirtschaftslehre, Ilmenau
Abstract: 
In this paper, we comment on the debate about guidelines for Art. 102 TFEU in the face of the challenges brought by digital ecosystems and abuse of dominance in related markets. We take the perspective of dynamic competition economics and derive four recommendations for the future enforcement of abuse control and related merger control: (i) we advocate to abandon the as-efficient-competitor standard embraced in the late 2000s, (ii) we emphasize the relevance on focusing on exploitative abuses as well as on exclusionary ones, (iii) we suggest to implement a concept of systemic market power as a guideline to enforcement, and (iv) we argue that the same enhanced market power standard should also be applied in the corresponding merger control. While going beyond pure guideline recommendations and focusing on a dynamic-economic view, we are convinced that these steps are necessary to move towards a more effective competition policy towards abuse of digital dominance.
Subjects: 
abuse of market power
Art. 102 TFEU
digital ecosystems
antitrust
European competition policy
as-efficient-competitor standard
exclusionary abuse
exploitative abuse
dynamic competition
merger control
JEL: 
K21
L41
L40
L12
L14
L81
L86
Document Type: 
Working Paper

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