Published online by Cambridge University Press: 23 December 2021
The chapter assesses the possible role of market investigation endowed with broad remedies, when a market suffers from competition problems and infringement cases under competition law provisions are infeasible or ineffective. It lays out a number of theories of harm, i.e., reasons why certain market features or behavior by market participants may lead to consumer harm compared to a relevant counterfactual. It identifies theories of harm in markets (i) where none of the firms is dominant and (ii) with a dominant firm but article 102 TFEU is not effective or applicable or (iii) a dominant firm may arise. It also argues that the European Commission should look for simple “intervention triggers” for a market investigation. While some of the identified harms are more likely or more pronounced in digital markets, a presumption that market investigations primarily addresses competition problems in digital markets is misguided. Finally, when sector regulation is, in principle, applicable, market investigations may fill a gap between standard competition tools and sector regulation.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.