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Effective Competition in Digital Platform Markets: journal article

Legislative and Enforcement Trends in the EU and the US

Joseph Antel, Ciara Barbu-O’Connor, John Carroll, Katie Daw, Robert Klotz

European Competition and Regulatory Law Review, Volume 6 (2022), Issue 1, Page 35 - 55

Efforts to tackle the increasing market power of data driven platforms are taking a new turn. So far, the European Union has been more aggressive and creative than the United States, notably with severe antitrust enforcement action. However, there is a perceived enforcement gap in platform markets, due to increased concentration, rising profit margins, declining market entry and low investment compared to profits, according to many. With the European Commission proposing the Digital Markets Act and the US ramping up on a number of fronts with an intensified interest in Big Tech and a political climate favourable to an emerging legislative consensus for targeted antitrust law reforms in this field, we are on the verge of new rules to bridge this gap more effectively. This article sheds light on the current developments in the EU and the US, as a basis for the juxtaposition of both approaches and attempt to draw conclusions for future debate. Keywords: digital platforms, antitrust enforcement, upfront regulation, Digital Markets Act, gatekeepers, global convergence and cooperation


T-419/14 Goldman Sachs: Expanding the Application of Parental Liability in EU Competition Law to Investment Firms journal article

Dimitris Vallindas, Ciara Barbu-O’Connor

European Competition and Regulatory Law Review, Volume 2 (2018), Issue 4, Page 303 - 307

Case T-419/14 The Goldman Sachs Group, Inc v European Commission, Judgment by the General Court of the European Union of 12 July 2018 On parental liability of financial investors in a company found liable of participating in a cartel in breach of EU competition rules and the application of the presumption and the demonstration of actual exercise of decisive influence. Article 101 Treaty on the Functioning of the European Union; OJ 2008 L115/47 and Articles 2 and 23 of Regulation 1/2003 on the implementation of the rules on competition laid down in Articles [101] and [102] of the Treaty; OJ 2003 L1.

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