Research project

Investigator:

Marc Lendermann

Abstract:

On both sides of the Atlantic, there is a debate whether antitrust law needs to be modernized in order to be effective in the digital economy. Some EU Member States have already been active in modifying their national law in response to new characteristics of the digital economy, such as network effects. For instance, German and Austrian legislators have established a transaction-value-based approach in merger control in order to broaden the scope and to cover start-ups that have very little or no turnover. These reforms took the American size-of-transaction test as a model.

While there has been legislative action in the area of merger control, there is still a debate about whether the rules on abuse of a dominant position need to be adapted as well, in order to take into account the characteristics of tech companies. In some EU Member States, the debate is already very advanced and concrete measures are under discussion. This research project analyzes whether these proposed measures could also work in the U.S. legal system. The guiding question is whether the European and American antitrust rules might eventually serve as sources for mutual inspiration, when it comes to the digital economy.