The first New Brandeisian decision in Europe?: Insights from the Utah Statement

At a recent competition policy webinar, the question was raised whether the 2021 infringement decision by the Italian Competition Authority fining Amazon for having leveraged the dominant position it holds in the Italian market for marketplaces to favour the adoption of its own logistic services was the “first New Brandeisian decision in Europe.” Unquestionably, the New Brandeis School as a newly emerged US antimonopoly movement deserves serious attention and discussion also on this side of the Atlantic. Based on an in-depth analysis of the inaugural manifesto of this School, the Utah Statement, this article isolates some of the most apparent characteristics an infringement decision against Amazon should display in order to be considered New Brandeisian. The paper then answers the question of whether the recent Italian Amazon case contains any New Brandeisian elements.

I. Introduction 1. At a February 2022 webinar, the economist Cristina Caffarra noted that the recent infringement decision by the Italian Competition Authority (ICA) fining Amazon for having leveraged the dominant position it holds in the Italian market for marketplaces to favour the adoption of its own logistics service s [1] “has been described in some quarters as perhaps the first New Brandeisian decision in Europe.” Elaborating on this, Caffarra explained that some have the impression, looking at this decision, that “the efficiency (…) of logistics operators versus Amazon was not an area of major consideration here (…) The concern was about Amazon and its size [as well as] its general conduct, less so about whether others are less efficient. ” [2] Antonio Buttà, the chief economist of

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Simonetta Vezzoso, The first New Brandeisian decision in Europe?: Insights from the Utah Statement, May 2022, Concurrences N° 2-2022, Art. N° 106132, pp. 70-77

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