Abstract
The debate concerning the differentiation between by object and by effect infringements of competition has existed since the birth of EU competition law, that is, Article 101 and 102 TFEU. Moreover, whether effects or a negative impact on competition play a role also in the context of object infringements, somehow runs in the same vein. Insofar, the debate and controversies surrounding the latter are, arguably, anything but new. However, considering digitisation, recent market developments as well as the particularities of the digital environment and online markets, the debate is arguably to be flared up again. Furthermore, although extensive research exists as regards the notion of by object infringements of competition, also in the context of the analogue world, there is no systematic review of this topic covering both competition provisions, namely Articles 101 and 102 TFEU. This gap is filled by this monograph also covering new phenomena owed to the digital revolution and its impact on and altering of the functioning of traditional markets.
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Notes
- 1.
- 2.
- 3.
Ezrachi (2017), p. 59.
- 4.
OECD Digitisation Report (Chap. 5, n 6), para 38.
- 5.
Colangelo (2017), p. 13.
- 6.
- 7.
Watzlawick et al. (1974).
- 8.
Watzlawick et al. (1974), Chap. 4 ‘Die schrecklichen Vereinfachungen’, p. 60.
- 9.
Ibid.
- 10.
Akman and Sokol (2017), p. 136.
- 11.
Witt (2018), p. 1.
- 12.
- 13.
Zelger (2020), p. 280.
- 14.
Which means that object restrictions must be sufficiently deleterious, harmful, obvious or injurious by its very nature.
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Zelger, B. (2023). Conclusions. In: Restrictions of EU Competition Law in the Digital Age. Studies in European Economic Law and Regulation, vol 25. Springer, Cham. https://doi.org/10.1007/978-3-031-31339-4_7
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