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Antitrust enforcement in digital markets: training for national judges

Recent years have seen the booming of e-commerce, online platforms and digital markets, which in turn influences competition analysis and has brought up the question of whether “traditional” competition enforcement appropriately addresses recent developments and novel issues. Consequently, national courts are required to be up-to-date on the particularities of digital markets in order be able to review NCAs’ decisions and factor them into their judgments.

This series of two 1.5-day seminars for national judges, with simultaneous interpretation in English and German, aims to analyse and define digital markets and the behaviour of undertakings in the online world in order to assess their conformity with EU and national competition rules on concentrations, anti-competitive agreements and abuse of a dominant position.

Key topics

Enforcement in the framework of Art. 101 TFEU (seminar in Budapest)

  • Price coordination/restrictions among platforms or between platforms and physical goods and services providers
  • Developments in selective distribution and other vertical restrictions of online sales
  • Restrictions relevant to two/multi-sided markets
  • The use of online platforms as facilitators of competition law breaches

Enforcement of Art. 102 TFEU and merger control (seminar in Düsseldorf)

  • Market definition in digital and two-sided markets
  • Competition on one side affecting competition on the other; network effects
  • How to assess market power and abuse of a dominant position in digital and two-sided markets
  • The role of the “free” side of a market, the role of data
  • Characteristics of digital and multi-sided markets playing a role in merger assessment
  • Suitable commitments/remedies

This project is co-funded by the Training of National Judges Programme of the European Union.