Edited by Björn Lundqvist and Michal S. Gal
Chapter 7: Regulation complementing EU competition law in the digital economy
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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