Competition Law for the Digital Economy
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Competition Law for the Digital Economy

Edited by Björn Lundqvist and Michal S. Gal

The digital economy is gradually gaining traction through a variety of recent technological developments, including the introduction of the Internet of things, artificial intelligence and markets for data. This innovative book contains contributions from leading competition law scholars who map out and investigate the anti-competitive effects that are developing in the digital economy.
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Chapter 7: Regulation complementing EU competition law in the digital economy

Juha Vesala

Abstract

New rules have recently been promulgated in the European Union that seek to promote cross-border trade online in order to achieve a Digital Single Market (DSM). These rules address partly the same conduct and concerns and use the same concepts as EU competition law where online distribution practices are concerned. For example, the Geo-blocking Regulation bans certain distribution practices as unjustified discrimination. However, the rules extend further than EU competition law by enabling and requiring cross-border supply beyond what results from Articles 101 or 102 TFEU. While promoting cross-border activities, the ambiguous and restrictive standards in the rules may fail to properly gauge the effects of practices on cross-border trade, competition and consumers. Insights gained in EU competition law would help apply the new rules in a manner amenable to these interests and avoid inconsistencies that could result from the application of the new rules and competition law by separate enforcers.

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