FOREWORD: COMPETITION POLICY - DIGITAL MARKETS - MARKET INVESTIGATIONS - REMEDIES

Are market investigations a suitable tool for the analysis of digital markets?

The characteristics of digital markets, especially those that can generate less competitive markets, have forced several competition authorities to question themselves if current competition policy tools are enough to tackle competition issues in these markets or if it’s necessary to explore new tools. The existence of mechanisms that allow for a detailed analysis of the relevant markets and their structural, behavioral and even regulatory characteristics, and that allow for the imposition of remedies aimed at favoring the whole market and not just sanctioning one or certain economic agents’ specific conducts, could be one of the possible solutions to which different competition authorities have paid attention to. In Mexico, the Competition Act has a tool that could allow to face the challenges of digital markets: Article 94, which enables us to analyze barriers to competition, to establish structural and behavioral remedies that restore the competition process and to determine essential facilities and regulate their access. This editorial discusses this tool, the experience of the Commission in applying it and the advantages of using it in the digital context.

This is a question that many competition authorities from different jurisdictions around the world and some competition experts are currently trying to answer. In fact, a salient discussion within the antitrust community around this question is related to the proposal to create the “new competition tool” by the European Commission (according to the European Commission, the new competition tool constitutes one of the three pillars through which more effective competition in the digital ecosystem is sought. When this text was being elaborated, the tool was in process of being issued. See https://ec.europa.eu/competition/consultations/2020_new_comp_tool/index_en.html), as part of the search for a market analysis tool that allows an effective and timely enforcement intervention against the

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Alejandra Palacios Prieto, Are market investigations a suitable tool for the analysis of digital markets?, February 2021, Concurrences N° 1-2021, Art. N° 98391, www.concurrences.com

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