Thursday, August 8, 2019
Francesco Ducci explores Procedural implications of market definition in platform cases.
ABSTRACT: The central and often neglected problem in the evaluation of competitive effects in platform cases is that the boundaries of the relevant market, usually simply a tool for the analysis of market power, can give raise to substantially different procedural routes depending on whether the antitrust market comprises the platform as a whole or just one side. Based on a comparative assessment across jurisdictions, the article argues that the excessive importance of the relevant market creates a potential mismatch between the economic consequences and doctrinal implications stemming from market definition in multi-sided platform cases. The article concludes that a more desirable framework for evaluating competitive effects should remain independent from the way market definition is carried out.