Imposing Access to Information in Digital Markets
Chapter 6: Law on abuse of dominance in digital markets
This chapter focuses on the law on abuse, as applied to situations where access to information is refused or granted on discriminatory terms. It proposes the accommodation of rapid technological change; preserving incentives to invest; focusing on consumer harm; and granting a larger role to objective (business) justifications provided by dominant companies. Moreover, it stresses that the fact that because the dominant company operates as an information intermediary should not presuppose the higher level of special responsibility. Of course, this should not mean that there is a duty to assist rivals. Only where the general criteria for abuse of dominance are fulfilled can a dominant undertaking fall under the scrutiny of competition law regarding its allegedly anticompetitive abuses. Where a dominant online platform acts as an information intermediary, it should not be subjected to higher standards than a ‘regular’ online platform.
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