Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Thursday, August 8, 2019

Procedural implications of market definition in platform cases

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.

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