COMPETITION LAW CHALLENGES TOWARDS THE DIGITAL MARKETPLACES - THE EU APPROACH

Abstract

Online marketplaces’ expansion has completely transformed the way in which products and services are traded, benefiting both consumers and companies in a variety of ways. However, the decentralized nature of online markets, the problem of market domination, and the growing use of big data in digital marketplaces, has brought many difficulties related to competition law. Further complicating matters is the growth of platform-to-business (P2B) partnerships. This thesis discusses recent competition cases involving online platforms and offers an outline of the difficulties faced by competition authorities in dealing with competition concerns in digital markets. The specific applicability of Articles 101 and 102 of the Treaty on the Functioning of the European Union to concerns involving digital platforms will be thoroughly examined in the main section. This will be accomplished by going through each stage of the application process and locating the problems. There will also be discussion of potential fixes for the concerns mentioned. The case study of Amazon Marketplace will be done in the thesis' final part in light of an earlier judgment made by the Commission and the German Competition Authority. The study outlines the raised concerns and offers potential solutions. Thus, it will provide a glimpse into a potential future strategy that the European Union competition authorities, including the Commission and National Competition Authorities, may adopt about online platforms.