King's College London

TY - JOUR

T1 - "Competition policy in the digital era"

AU - Bailey, David

PY - 2018/1/1

Y1 - 2018/1/1

N2 - The purpose of this article is to examine briefly a few implications of digital data and 'cyber competition' for competition policy. It does so by discussing two cases that were concerned with alleged extensions of a dominant position in the digital world into a neighbouring market. In particular, the article discusses the possible theory of harm underpinning the Commission's June 2017 decision in the Google Shopping case. That decision brought to an end one of the best known and most controversial investigations that the Commission has conducted. It resulted in the imposition of a record fine of €2.42 billion and raises issues of substantial legal importance about the proper scope of Article 102 TFEU. Pending the outcome of Google's appeal to the General Court, it is suggested that judicious intervention under the EU competition rules is necessary and desirable in the digital world.

AB - The purpose of this article is to examine briefly a few implications of digital data and 'cyber competition' for competition policy. It does so by discussing two cases that were concerned with alleged extensions of a dominant position in the digital world into a neighbouring market. In particular, the article discusses the possible theory of harm underpinning the Commission's June 2017 decision in the Google Shopping case. That decision brought to an end one of the best known and most controversial investigations that the Commission has conducted. It resulted in the imposition of a record fine of €2.42 billion and raises issues of substantial legal importance about the proper scope of Article 102 TFEU. Pending the outcome of Google's appeal to the General Court, it is suggested that judicious intervention under the EU competition rules is necessary and desirable in the digital world.

KW - Competition policy

KW - Dominance

KW - Internet

KW - Market power

KW - Online platforms

KW - Sanctions/Fines/Penalties

KW - Unilateral Practices

UR - http://www.scopus.com/inward/record.url?scp=85049321122&partnerID=8YFLogxK

M3 - Editorial

AN - SCOPUS:85049321122

VL - 2018

JO - Concurrences Journal

JF - Concurrences Journal

SN - 2116-009

IS - 1

ER -