Viktoria H S E Robertson - Böcker

In recent years, market definition has come under attack as an analytical tool of competition law. Scholars have increasingly questioned its usefulness and feasibility. That criticism comes into sharper relief in dynamic, innovation-driven markets, which do not correspond to the static markets on which the concept of the relevant market was modelled. This book explores that controversy from a comparative legal perspective, taking into account both EU competition and US antitrust law. It examines the manifold ways in which courts and competition authorities in the EU and US have factored innovation-related considerations into market delineation, covering: innovative product markets, product differentiation, future markets, issues going beyond market definition proper – such as innovation competition, innovation markets and potential competition –, intellectual property rights, innovative aftermarkets and multi-sided platforms. This book finds that going forward, the role of market definition in dynamic contexts needs to focus on its function of market characterisation rather than on the assessment of market power.

In recent years, market definition has come under attack as an analytical tool of competition law. Scholars have increasingly questioned its usefulness and feasibility. That criticism comes into sharper relief in dynamic, innovation-driven markets, which do not correspond to the static markets on which the concept of the relevant market was modelled. This book explores that controversy from a comparative legal perspective, taking into account both EU competition and US antitrust law. It examines the manifold ways in which courts and competition authorities in the EU and US have factored innovation-related considerations into market delineation, covering: innovative product markets, product differentiation, future markets, issues going beyond market definition proper – such as innovation competition, innovation markets and potential competition –, intellectual property rights, innovative aftermarkets and multi-sided platforms. This book finds that going forward, the role of market definition in dynamic contexts needs to focus on its function of market characterisation rather than on the assessment of market power.

Today’s digital environment constantly tests democratic liberties and processes: Can competition law make digital democracy more resilient?Drawing on contemporary competition law in Canada, the EU and the US, this book offers a multi-jurisdictional perspective on this pressing issue.Digital platforms increasingly shape public discourse and influence electoral outcomes. By controlling the infrastructure and the data required for this interference with democracy, they hold a power that is not democratically legitimised. Multidisciplinary research has revealed the serious implications of this imbalance for democratic liberties, processes and values.Leveraging competition law is one way forward. Competition law is rooted in an understanding that economic power needs to be kept in check to prevent it from morphing into unwarranted political power, and it has long shaped the behaviour of digital platforms. The book negotiates the boundaries of competition law and develops a comprehensive framework that relies on competition law and policy to safeguard liberal democracy in digital platform markets (‘democratic antitrust for digital markets’). Its plan for action encompasses policy dialogue, agency cooperation, multi-stakeholder engagement, priority-setting, expert reports, market studies, notions of power in digital markets, theories of harm revolving around democracy, media pluralism in merger control, and democracy-enhancing remedies. Combining insights from competition law, economics, and political science, the book offers students and academics an opportunity to explore competition law’s broader societal function. It provides legislators, courts, policymakers, and competition enforcers from different jurisdictions with a concrete and actionable toolbox to confront the democratic risks of concentrated digital power.