Digital antitrust: An emerging consensus?

An increasing number of jurisdictions are considering adjustments to their competition policy framework to reflect the unique challenges of digitalisation. Indeed, several studies have been formally commissioned on the subject. While their legal context, focus and findings vary significantly; some key themes have begun to emerge from these studies. They include proposals for expanded merger notification and review processes, streamlined competition authority procedures, and even new regulatory authorities. This article seeks to draw out the common elements that can chart a way forward for digital competition policy.

1. Digitalisation has become a dominant theme in competition policy discussions of late. This is reflective of the growing importance of digital firms in the economy: seven of the largest ten companies in the world by market capitalisation are tech companies. [1] It is also due to the fact that digital markets feature characteristics, which may not on their own be new, but which together pose novel challenges for competition policy. 2. Healthy debate about whether competition policy must be adapted to new digital realities has arisen in academic literature, conferences, media commentary, international forums such as the OECD, and within governments as well as competition authorities. Observers of competition regimes around the world will be familiar with the fact that, while there is

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  • OECD - Competition Division (Paris)


James Mancini, Digital antitrust: An emerging consensus?, November 2019, Concurrences N° 4-2019, Art. N° 92053,

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