Barriers to entry in the digital market: An overview of EU and national case law

Introduction Before firms can compete in a market, they have to be able to enter it [1]. Many if not most markets present at least some obstacles that make it more difficult for a firm to enter. Although scholars have been debating how to define 'barriers to entry' for decades, starting with Joe Bain in the late 1940s and 1950s, no single definition seems to have gained preference whether by analysts or competition practitioners [2]. Some argue that an entry barrier is anything that hinders entry and has the effect of reducing or limiting competition, whereas others stipulate that a barrier only qualifies as such if the incumbent did not have to face it when they entered the market [3]. Competition law typically prohibits concerted action and monopolisation, as well as abuse of dominant