Restrictions of EU Competition Law in the Digital Age: The Meaning of 'Effects' in a Digital Economy

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Bernadette Zelger

Restrictions of EU Competition Law in the Digital Age

The Meaning of 'Effects' in a Digital Economy

Bernadette Zelger

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English

Springer International Publishing AG
29 June 2023

Competition law & Antitrust law

Series: Studies in European Economic Law and Regulation

This book offers an in-depth legal analysis concerning the notion of restrictions of competition, be it by object restrictions according to Article 101 TFEU or prima facie abusive practices treated according to the form-based approach under Article 102 TFEU. Although extensive research has been conducted on the notion of object infringements of competition, there is no systematic review of this topic covering both competition provisions, namely Articles 101 and 102 TFEU. This book fills that gap by providing an extensive analysis of the relevant case law, while also covering new phenomena stemming from the digital revolution and its impact on the functioning of traditional markets.

In this regard, particular attention is paid to the concept of prima facie infringements and the analysis necessary for their successful establishment. Object restrictions and object abuses are not infringements per se in the sense that they can be established in the abstract and without consideration of the actual legal and economic context (context analysis) within which a measure is implemented. Hence, the indispensable context analysis is informed by the potential economic effects of a given measure.

Examining the changes regarding the economic reality and how markets work in the digital economy, this book makes a valuable contribution to the current debate about whether our competition law toolkit is fit and proper to deal with the challenges posed by digitalization. The author argues that while there is a coherent framework covering both Treaty competition provisions as regards object restrictions of competition, the increased use of an actual effect analysis and thus the concept of a restriction of competition by effect represents an underestimated (and underused) weapon for combating measures that are ambivalent from a competition law perspective as regards their (anticompetitive or non-detrimental) nature in a digital economy.

By: Bernadette Zelger
Imprint: Springer International Publishing AG
Country of Publication: Switzerland
Edition: 2023 ed.
Volume: 25
Dimensions: Height: 235mm, Width: 155mm,
Weight: 535g
ISBN: 9783031313387
ISBN 10: 3031313380
Series: Studies in European Economic Law and Regulation
Pages: 224
Publication Date: 29 June 2023
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Chapter 1.- Introduction. Chapter 2.- Competition Law, Economics and the 'More Economic Approach' – the Necessity of a Broader Perspective. Chapter 3.- Effects and Article 101 TFEU. Chapter 4.- Effects and Article 102 TFEU. Chapter 5.- Particularities of the Digital Economy. Chapter 6.- Competition Cases in the Digital Economy. Chapter 7.- Conclusions.

Dr Bernadette Zelger is an Assistant Professor and graduate from the University of Innsbruck (Dr. iur., Mag. iur.), King’s College London (Postgraduate Diploma in EU Competition Law) and Queen Mary University of London (LL.M. in Competition Law), as well as a qualified lawyer in Austria (bar exam 2014) and former fellow of the Austrian Academy of Sciences by which her doctoral thesis was fully funded (DOC-fellowship). Before having joined the Department of European Law and Public International Law at the University of Innsbruck, Bernadette worked as a Research Assistant for Professor Ioannis Kokkoris, Professor for Law and Economics at the Centre for Commercial Law Studies, Queen Mary University of London, United Kingdom and as an Assistant Professor at the Department of Commercial Law at the University of Innsbruck. Moreover, Bernadette gained five years practical experience as a lawyer in leading Austrian full service corporate law firms headquartered in Vienna, the European Commission, DG COMP, E1 (Unit for Antitrust – Pharma and Health Services) in Brussels, and as Inhouse Legal Counsel at the Legal Department of an Austrian bank (headquartered in Innsbruck).

Reviews for Restrictions of EU Competition Law in the Digital Age: The Meaning of 'Effects' in a Digital Economy

“This book covers two topics that have been at the heart of European competition law over the last decade or two: the role of effects in antitrust analysis and antitrust enforcement in the digital sector. … In my view, the greatest merit of this book lies in its efforts to trace recent antitrust cases in digital markets back to the traditional case law of the CJEU.” (Jan Blockx, Common Market Law Review, Vol. 62 (3), June, 2025) “Each chapter ends with a pleasant and very clear interim result, which continues the very structured and logical argumentation thread … . this book makes a valuable contribution to the current debate about whether our competition law toolkit is fit and proper to deal with the challenges posed by digitalization.” (Eduard Paulus, ÖZK, Österreichische Zeitschrift für Kartellrecht, Issue 6, 2023)