ARTICLE: UNILATERAL PRACTICES - DOMINANCE - ABUSE - ECONOMIC IMBALANCE - DIGITAL MARKET

Abuse of dominance on the digital market: For a legal interpretation of economic imbalance in the light of oligopolies

The sentences follow one another without always being the same on either side of the Atlantic. However, it is certain that the digital market is at the heart of the concerns of the European and American authorities. Anti-competitive practices, abusive commercial practices and violations of consumer rights, the synergy of this market is emerging as an oligopolistic construction. The various cases against the GAFAs now allow us to put the thing into perspective and draw a portrait of the digital market. The abuse of domination then seems to be the most effective tool to measure the imbalance in this market. This study aims to demonstrate the relevance of this tool while taking stock of the digital market.

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. 1. Elements of definition. Power and domination are two very singular words that tend to be confused by a shortcut of thought: he who uses his power would seek domination, and according to this analysis the state of domination would be only the consequence of the exercise of power [1]. This mental gymnastics necessarily leads to error since it involves responding jointly to two dissimilar concepts. This is the starting point of our reflection, and to distinguish these two entities we will refer to Michel Foucault's analysis according to which the exercise of power, as a game of strategy, is not an evil in itself; on the contrary, power is the

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  • University of Nice Sophia Antipolis

Quotation

Nils Monnerie, Abuse of dominance on the digital market: For a legal interpretation of economic imbalance in the light of oligopolies, September 2019, Concurrences N° 3-2019, Art. N° 91217, pp. 67-75

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