Shifting the digital paradigm: Towards a sui generis competition policy. Issue 46 (September 2022)

• Record Type: Journal Article
• Authors: Andriychuk, Oles
• Is Part Of: Computer law & security review. Issue 46(2022)
• Publication Date: 2022-09
• Subjects: Competition law -- Digital markets -- Digital economy -- Antitrust -- Digital markets act -- Ex-ante and ex-post competition law -- Goals of competition law -- Law & economics; Computers -- Law and legislation -- Periodicals; Computer security -- Law and legislation -- Periodicals; Electronic commerce -- Law and legislation -- Periodicals; Data protection -- Law and legislation -- Periodicals; Computer security -- Law and legislation; Computers -- Law and legislation; Data protection -- Law and legislation; Electronic commerce -- Law and legislation; Periodicals; 343.0999
• DOI: 10.1016/j.clsr.2022.105733
• Languages: English
• ISSNs: 2212-473X

Abstract

Abstract: EU digital competition policy is in the process of a paradigmatic transformation. The main legal instrument, epitomising the rationale of the reform is the EU Digital Markets Act (DMA). This article conceptualises the broader theoretical foundations of EU digital competition policy and law, illustrating the developed hypotheses by examining the selected procedural novelties of the DMA. The main normative proposition, underpinning this article is that the emerging more proactive approach to digital markets reflects an objective socio-economic and political trend. This implies that the purified, inwards-oriented perception of competition policy will be gradually converting towards a more polycentric modality. An earlier version of this article has been awarded the prize by the Portuguese Competition Authority 2021 "Competition Policy Award for academic work in Competition Policy".