do not provide much guidance; do not adopt an #effectsbased approach; demonstrate a selective reading of the case law of Court of Justice of the European Union; can de facto reverse #burdenofproof; and can threaten the uniform application of #EU #competitionlaw across MSs. We recommend that in order
enforce competition law using traditional #antitrust tools (& existing case law) and adopting an #effectsbased approach in #digitalmarkets without shifting to a new paradigm of #objectives or models. Question marks that I have after reading the opinion are around first, (4/11)
is no #object vs #effect dichotomy under #Article102TFEU; the Court adopts an #effectsbased approach with the as efficient competitor *standard* (not the test) applying across the board; there is a uniform legal test for #pricing and #nonpricing abuses; and the evolution of the
I illustrate that there is a single test of abuse for exclusionary conduct, and it requires an effects analysis. I show that the Court has progressively adopted an economic, #effectsbased approach to #Article102TFEU over the last decade, although we are still in a #hybrid era.
