Unveiling Dominance: Abusive Practices in Digital Markets - An Analysis of the Market Platforms’ Dominant Position and the EU’s Regulatory Countermeasures

University essay from Lunds universitet/Institutionen för handelsrätt

Abstract: In an era of rapid technological advancements, the digital economy has witnessed significant transformations, resulting in the emergence of dominant technology giants. The rising dominance of companies like Google and Amazon has raised concerns in the European Union (“EU”) regarding fair competition and consumer welfare. This thesis comprehensively examines the impact of digital markets and online platforms on EU competition law by analysing abusive practices and the unique challenges posed by these markets. To achieve this objective, the research provides a comprehensive overview of the EU competition law framework, focusing on its objectives and regulatory developments in response to technology giants in the EU market. The study explores the distinct characteristics of EU digital markets and platforms and their impact on competition. Notable examples of alleged abusive practices by technology giants are investigated, shedding light on their detrimental effects on fair competition. Furthermore, the research evaluates the adaptations made by EU competition law, specifically the Digital Markets Act (“DMA”), to address the emergence of technology giants. The effectiveness of EU competition law in adapting to these challenges is critically assessed. The research employs the legal doctrinal method and descriptive research to analyse the EU legal framework, incorporating reputable sources such as academic articles, books, official documents, and reports from EU regulatory bodies and international organizations. This thesis contributes valuable insights into the regulatory challenges faced by policymakers and regulators in the context of dominant market platforms and their impact on EU competition law. The findings enhance understanding of the evolving digital economy and provide implications for future regulatory measures within the EU. The conclusion summarizes the key findings, addresses the research questions, and presents conclusive remarks on the subject matter.

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