Quotation Eben, Magali, Robertson, Viktoria H.S.E. 2021. Digital Market Definition in the European Union, United States, and Brazil: Past, Present, and Future. Journal of Competition Law and Economics.


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Abstract

Market definition is a core concept of competition law around the globe, including in the European Union, the United States, and Brazil. In all three jurisdictions, antitrust authorities are grappling with the challenges of digital markets, often dealing with the very same digital players. The provision of zero-price services, the multisided nature of many digital platforms, and the implementation of entire digital ecosystems all challenge traditional approaches to market definition. But where there are common problems, there is a potential for common solutions. Through a comparative analysis of decisional practice relating to these past, present, and future challenges of digital market definition, this contribution maps the common ground already achieved while highlighting remaining gaps and possible solutions: for zero-price services—the past—it shows how a consensus has emerged on the theory and possible tools to define markets for ‘free’ services. On multisided platforms—the present—it finds that no such consensus has been reached yet, but strides are currently being made in developing an overall framework. And on digital ecosystems, it analyses how this challenge of the future requires the development of a coherent approach that can be based on cross-jurisdictional insights from the past and present.

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Publication's profile

Status of publication Published
Affiliation WU
Type of publication Journal article
Journal Journal of Competition Law and Economics
Citation Index SSCI
Language English
Title Digital Market Definition in the European Union, United States, and Brazil: Past, Present, and Future
Year 2021
Reviewed? Y
DOI https://doi.org/10.1093/joclec/nhab018
Open Access N

Associations

People
Robertson, Viktoria H.S.E. (Details)
External
Eben, Magali (University of Glasgow, United Kingdom)
Organization
Competition Law and Digitalization Group AB (Details)
Research areas (ÖSTAT Classification 'Statistik Austria')
5112 European law (Details)
5213 Antitrust law (Details)
5224 Comparative law (Details)
5237 Commercial law (Details)
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