EU LEGAL REGULATION OF COMPETITION IN INNOVATIVE MARKETS

Author:

Smyrnova K.1

Affiliation:

1. Taras Shevchenko National University of Kyiv

Abstract

The digital world is highly dynamic. The only way of survival is to keep innovating, in some extend even invent a way (legal or illegal) to secure its position. As this new phenomenon becomes increasingly sophisticated, the need for laws to govern it becomes more poignant. In consequence, the European Union has taken various actions towards realizing this aim of regulating the digital platform horizon. The evolutionary development of active & passive selling through new electronic or other innovative means which is currently erases national borders leads to the comprehensive involvement of different national competition regimes. The competition authority has kept close scrutinizing on those firms in dominant position in their relevant market. Not only this, as the digital market is mostly multiple sided, the interaction between market are also taking care. However, the competition laws should adapt in the proactively to prevent the anti-competitive measures. The competition authority needs to have the anticipation on the dynamic evolution of competition in digital market and act proactively. Thus the most crucial aspect is to balance the innovative progress & the necessity to control on competition. This article examines how the nature and logic of competition law changes as authorities expand the time horizon that they consider in their prospective analysis.

Publisher

Taras Shevchenko National University of Kyiv

Reference19 articles.

1. Google/Motorola Mobility (Case COMP/M.6381) Commission Decision of 13 February 2012 [2012] C75/1.

2. Intel (Case COMP/C-3/37.990) Commission Decision of 13 May 2009 [2009] C227/13.

3. Final European Commission commitments Case COMP/AT.40.153 E-book MFNs & related matters http://ec.europa.eu/competition/antitrust/cases/dec_docs/40153/40153_4393_3.pdf

4. Granieri, M. and A. Renda (2012), Innovation Law and Policy in the European Union, Milan:Springer.

5. Campbell, R.W. (2012), “Rethinking Regulation and Innovation in the US Legal Services Market”, New York University Journal of Law and Business, Vol. 9, No. 1, pp. 1-70.

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