European Competition Enforcement and the Digital Economy: The Birthplace of Precautionary Antitrust

Abstract

In Section I of this paper, I examine the origins or seeds of precautionary antitrust by revisiting enforcement by European administrative competition agencies in digital markets. In Section II, I explain how this ideology was embraced, advocated, and advanced in several “tech reports” representing the blossoming of the precautionary principle. I conclude in Section III, by proposing the reinstatement and further development of tools that protect the legal and economic rationale of antitrust, as recognized by European courts.¹

Article

Takeaway

“I conclude in Section III, by proposing the reinstatement and further development of tools that protect the legal and economic rationale of antitrust, as recognized by European courts.”

Quoted verbatim from the author’s abstract.

Notes

1. Aurelien Portuese, European Competition Enforcement and the Digital Economy: The Birthplace of Precautionary Antitrust, in The Global Antitrust Institute Report on the Digital Economy ch. 17 (Joshua D. Wright & Douglas H. Ginsburg eds., 2020), https://doi.org/10.2139/ssrn.3733715. Abstract quoted verbatim from the SSRN abstract page, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3733715. ↩

Cite as: Aurelien Portuese, European Competition Enforcement and the Digital Economy: The Birthplace of Precautionary Antitrust, in The Global Antitrust Institute Report on the Digital Economy ch. 17 (Joshua D. Wright & Douglas H. Ginsburg eds., 2020), https://doi.org/10.2139/ssrn.3733715

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