Raum E10, Max-Planck-Institut für Innovation und Wettbewerb
Abstract
Competition authorities in Europe have taken enforcement action against the GAFA-companies (Google, Amazon, Facebook and Apple). The “theory of harm” in such cases remains vague, however, and it is disputed whether the cases are really cases for competition law enforcement or should be dealt with in other areas of the law – if there is any problem at all. The submission in the talk is that the agencies react to a shift in strategy by the so-called “super-platforms”: They are no longer acting as neutral intermediaries that primarily reduce transaction costs but meddle with the decision-making process of consumers and other companies.
In his talk, Professor Podszun submits economic and normative elements for a theory of harm in such cases. In his view, the agencies preserve the decision-making capacity of market participants – “digital autonomy” is, in his view, a key element of markets. Still, the question remains how competition law should react to the growing concerns with digital ecosystems. The talk therefore shall also serve as an impulse for discussing the overhaul of competition law that is under debate in Europe now.
If you plan on attending, we kindly request that you register with Ms. Ulrike Stubenvoll (ulrike.stubenvoll(at)miplc.de) at your earliest convenience.