'Differentiated treatment in platform-to-business relations: EU competition law and economic dependence'
Differentiated treatment is a key focus in current competition investigations of the European Commission and national competition authorities, ranging from more prominent placement of one’s own services in a ranking to preferential access to data and the favouring of businesses that pay higher levels of commission. Based on their exclusionary and/or exploitative character, the paper distinguishes three types of differentiated treatment on online platforms in order to provide an analytical framework for assessing the extent to which such practices are abusive under Article 102 TFEU, namely: pure self-preferencing, pure secondary line differentiation and hybrid differentiation. The paper points out that the main area where EU competition law currently does not offer effective protection is in the most far-reaching situation where a business is blocked from a platform without legitimate justification. To address harm in such cases, the paper suggests to give a stronger role to economic dependence both within and outside EU competition law, and explores possible measures building upon the Platform-to-Business Regulation as well as the notion of fairness of platform-to-business relations.
This seminar will take place from 16:00 to 17:15, in room A3.01 (Seminar room) on the 3rd floor of the Amsterdam Law School, A building (of the Roeterseilandcampus). Drinks will follow.
Please register before 24 January 2020 via email@example.com.
You can sign up for a one-to-one meeting with Inge Graef on 28 January 2020.
Inge Graef is Assistant Professor at Tilburg Law School with affiliations to the Tilburg Institute for Law, Technology, and Society (TILT) and the Tilburg Law and Economics Center (TILEC). The focus of Inge's research is on competition law enforcement in the digital economy.
The Amsterdam Center for Law and Economics (ACLE) is a joint initiative of the Faculty of Economics and Business and the Faculty of Law at the University of Amsterdam (UvA). The objective of the ACLE is to promote high-quality interdisciplinary research at the intersection between law and economics.