Volume 40 (2017) / Issue 3
This article vindicates the definition of a new approach to Article 102 enforcement in digital economy based on the concept of multi-sided platform, which in turn revolves around the data flow among groups of users on the various sides of the platform in the form of indirect network effects. The cross-cutting nature of such novel approach, embedded into a broader paradigm of contestable markets and dynamic competition, calls for an analytical framework for market definition and market power appraisal to be devised accordingly. Once such framework is sketched, a section is devoted to exploring recent abuse cases involving e-platforms in light of the approach advocated by this article. In order to provide a full overview, other legal questions are explored as well, with a focus on the relaxation of the notion of ex ante objective justification and the place for an ex post efficiency defence within the proposed analytical framework.
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