1 year ago



158 However, the

158 However, the challenges faced by the Commission have to be overcome in order to maintain and protect competition on the merits in the digital economy in the future. The positions taken in the discussion on how to proceed with the enforcement of Article 102 TFEU, on the one hand to abstain from intervention in digital markets at all, and on the other hand to introduce an exante regulation in order to secure effective competition are considered excessive. There is little reason for thinking that competition cannot work in digital markets and may not be protected by the current legal framework under Article 102 TFEU. Nevertheless, effective competition policy design requires careful thought. Characteristics of digital markets need to be taken into account when dealing with abusive conduct, particularly in the definition of relevant markets and the assessment of market dominance in those markets. The policy goals have to be aligned with innovation and consumer welfare. In this regard, the adoption of an effects-based approach by the Commission and the EU Courts is more necessary than ever, in order to achieve predictable legal standards and coherent outcomes. Furthermore, the complexity and fast-moving nature of digital markets shall not lead to commitment decisions according to Article 9 Regulation 1/2003. Especially in novel economies such as digital markets it is of crucial importance to build legal certainty.

AIM The ICC Global Antitrust Review aims at encouraging and promoting outstanding scholarship among young competition law scholars by providing a unique platform for students to engage in research within the field of competition law and policy with a view to publishing the output in the form of scholarly articles, case commentary and book reviews. The Review is dedicated to achieving excellence in research and writing among the competition law students’ community around the world. EDITORIAL BOARD 2016 Editors Dr Eda Sahin Anja Naumann SCOPE The ICC Global Antitrust Review is intended to become a leading international electronic forum within which students engage in debate and analysis of the most important issues and phenomena in the global competition law scene. The Review welcomes contributions dealing with competition law and policy in all jurisdictions as well as those addressing competition policy issues at regional and international levels. In particular, it welcomes works of interdisciplinary nature discussing and evaluating topics at the interface between competition law and related areas such as economics, arbitration, information technology, intellectual property, political science and social geography. Only scholarship produced by students – whether at undergraduate or postgraduate level (taught and research) – will be considered for publication in the Review. FORM AND OUTPUT The Review will be published annually in electronic format. Each yearly volume will consist of a maximum of five long articles, two short essays, a case note section and a book review section. Further information on submission guidelines can be found in the Review’s Guidelines for authors. INTERDISCIPLINARY CENTRE FOR COMPETITION LAW AND POLICY (ICC) 67-69 Lincoln’s Inn Fields London WC2A 3JB United Kingdom Tel: + 44 (0)207 882 8122 Fax: + 44 (0)207 882 8223 Email: