Code: 24-01

Authors: Ganesh A

Date: 31 Jan 2024

Abstract

The paper considers effective digital market remedies in abuse of dominance cases by considering various tools such as Regulation 1/2003, the Digital Markets Act (DMA) Regulation 2022, and interaction between competition and sectoral regulators. The paper discusses certain radical remedies that have been envisaged by commentators and tries to apply those remedies and those provided also considered within the DMA obligations to seven infringements that relate to abuse of dominance in digital markets. The paper proposes the use of Article 102 TFEU mainly to remedy the harms but also considers the use of the DMA in this pursuit. The paper includes pricing and non-pricing-based infringements that mainly relate to past Article 102 TFEU cases.

The paper contributes to the literature on imposing remedies to specific digital market abuse of dominance cases. The paper considers the possible remedies that may be offered, the benefits that may arise from the remedies, and the cost of imposing those remedies. These possible remedies are based on past literature that will be discussed in the paper. The paper also brings to light the use of the DMA and uses Article 5 and 6 DMA obligations to ascertain the most effective remedies in the seven infringements that it considers remedies for. The paper finds that each digital market case needs to be assessed on a case-by-case basis for implementation of effective remedies.

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