The Role of Innovation in the Analysis of Abuse of Dominance in Digital Markets: The Analysis of Chosen Practices of Google Search

Competition investigations in digital markets focus increasingly on future markets, and incentives to invest and innovate play here a larger role than in traditional "brick and mortar" industries. the article analyses the role of innovation in cases of abuse of dominance in digital market...

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Main Author: Beata Mäihäniemi
Format: Article
Language:English
Published: Universidade Católica Editora 2019-09-01
Series:Market and Competition Law Review
Subjects:
Online Access:https://revistas.ucp.pt/index.php/mclawreview/article/view/311
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author Beata Mäihäniemi
author_facet Beata Mäihäniemi
author_sort Beata Mäihäniemi
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description Competition investigations in digital markets focus increasingly on future markets, and incentives to invest and innovate play here a larger role than in traditional "brick and mortar" industries. the article analyses the role of innovation in cases of abuse of dominance in digital markets on two levels. The first level involves the strength of incentives to invest and innovate of a digital monopolist - would he have less or more incentives to innovate and prefer to resort to practices that foreclose his competitors or leverage his market power to adjacent markets to keep its dominant position on the market? The second level identifies concrete phases of the competition analysis in which innovation considerations are contemplated in digital markets, such as objective justifications or assessing the effect of the practice on consumer welfare. Toe analysis of the role of innovation in the assessment of alleged anticompetitive abuses is conducted on the example of two concerns expressed by the EC in recent investigations into practices of Google Search, namely (1) search bias and (2) restrictions on portability of advertising data to competing advertising platforms.
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spelling doaj-art-7ad0d7728c3142578fb7989797315ad92024-12-02T07:08:20ZengUniversidade Católica EditoraMarket and Competition Law Review2184-00082019-09-011110.7559/mclawreview.2017.311The Role of Innovation in the Analysis of Abuse of Dominance in Digital Markets: The Analysis of Chosen Practices of Google SearchBeata Mäihäniemi0University of Helsinki Competition investigations in digital markets focus increasingly on future markets, and incentives to invest and innovate play here a larger role than in traditional "brick and mortar" industries. the article analyses the role of innovation in cases of abuse of dominance in digital markets on two levels. The first level involves the strength of incentives to invest and innovate of a digital monopolist - would he have less or more incentives to innovate and prefer to resort to practices that foreclose his competitors or leverage his market power to adjacent markets to keep its dominant position on the market? The second level identifies concrete phases of the competition analysis in which innovation considerations are contemplated in digital markets, such as objective justifications or assessing the effect of the practice on consumer welfare. Toe analysis of the role of innovation in the assessment of alleged anticompetitive abuses is conducted on the example of two concerns expressed by the EC in recent investigations into practices of Google Search, namely (1) search bias and (2) restrictions on portability of advertising data to competing advertising platforms. https://revistas.ucp.pt/index.php/mclawreview/article/view/311Competition rulesPrivate enforcementDamages
spellingShingle Beata Mäihäniemi
The Role of Innovation in the Analysis of Abuse of Dominance in Digital Markets: The Analysis of Chosen Practices of Google Search
Market and Competition Law Review
Competition rules
Private enforcement
Damages
title The Role of Innovation in the Analysis of Abuse of Dominance in Digital Markets: The Analysis of Chosen Practices of Google Search
title_full The Role of Innovation in the Analysis of Abuse of Dominance in Digital Markets: The Analysis of Chosen Practices of Google Search
title_fullStr The Role of Innovation in the Analysis of Abuse of Dominance in Digital Markets: The Analysis of Chosen Practices of Google Search
title_full_unstemmed The Role of Innovation in the Analysis of Abuse of Dominance in Digital Markets: The Analysis of Chosen Practices of Google Search
title_short The Role of Innovation in the Analysis of Abuse of Dominance in Digital Markets: The Analysis of Chosen Practices of Google Search
title_sort role of innovation in the analysis of abuse of dominance in digital markets the analysis of chosen practices of google search
topic Competition rules
Private enforcement
Damages
url https://revistas.ucp.pt/index.php/mclawreview/article/view/311
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