DIGITISATION AND EU COMPETITION LAW – TIME TO RETHINK THE BASICS?

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Václav Šmejkal

Abstract

The article reflects on the question to what extent the complex reality of online platforms undermines
the foundations of EU competition law, which are the presuppositions of neoclassical economics, and the targeting
of competition protection towards greater efficiency and the resulting consumer welfare. It works first
with the EU documents that relate to the regulation of large online platforms (internet gatekeepers) in the European
Union and then with the teachings of complexity economics, which seems to fit the realities of the online
world better than neoclassical economics. The purpose is to ask whether modern competition law could draw
inspiration and recommendations for its adaptation to online realities from complexity economics. It concludes
that, for the time being, this is more of a research agenda or discussion platform and only the future will show
whether the lessons of complexity can be usefully applied to the formulation of legal rules and standards.

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