Monday, January 27, 2020

On the Law & Economics of the Android Case

Paolo Siciliani offers thoughts On the Law & Economics of the Android Case.


  • The Android decision, specifically the tie of Google Play with Google Search, is best described as a case of anticompetitive creation of a position of dominance aimed at preserving an original position of dominance in an adjacent market

  • In practise, the defendant is prevented from preserving its core business model on a level playing field, thus raising the risks of false positives

  • The economic theory of harm put forward to underpin this infringement decision is incomplete, as it does not take into consideration the dynamic feature of the impugned conduct, specifically the fact that when the alleged tie was put in place the position of dominance in the tying market was far from certain

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