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Competition and Regulation Challenges in Digital Markets: How to Tackle the Issue of Self-Preferencing?

Author

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  • Frédéric Marty

    (GREDEG - Groupe de Recherche en Droit, Economie et Gestion - UNS - Université Nice Sophia Antipolis (1965 - 2019) - CNRS - Centre National de la Recherche Scientifique - UniCA - Université Côte d'Azur, OFCE - Observatoire français des conjonctures économiques (Sciences Po) - Sciences Po - Sciences Po, CIRANO - Centre interuniversitaire de recherche en analyse des organisations - UQAM - Université du Québec à Montréal = University of Québec in Montréal)

Abstract

This contribution deals with the application of competition rules in the digital sector and, in particular, the distortions that can result from self-preferencing strategies. In the context of the European Commission's Digital Markets Act project and the UK's plans to regulate the major digital ecosystems, the aim is to examine the relative effectiveness of the current effects-based approach stemming from competition law enforcement, the use of per-se rules, the implementation of specific regulation or the imposition of structural remedies to address such risks. It is a question of insisting on the objectives pursued (maximisation of consumer welfare, dynamic efficiency, contestability of market positions and fairness) and on the conditions for the implementation of hybrid approaches combining the logic of sectoral regulation and procedures rooted in the enforcement of competition rules.

Suggested Citation

  • Frédéric Marty, 2021. "Competition and Regulation Challenges in Digital Markets: How to Tackle the Issue of Self-Preferencing?," Post-Print halshs-03427287, HAL.
    • Handle: RePEc:hal:journl:halshs-03427287
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    Cited by:

    1. Budzinski, Oliver, 2021. "Europäische Regulierung digitaler Dienste: Eine kritische Würdigung der Entwürfe DMA & DSA aus medienökonomischer Perspektive," Ilmenau Economics Discussion Papers 158, Ilmenau University of Technology, Institute of Economics.
    2. Frédéric Marty, 2021. "The concentration of digital markets: How to preserve the conditions for effective and undistorted competition?," SciencePo Working papers Main halshs-03321697, HAL.

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