Navigating the Digital Age: The European Commission’s Differing Approaches to Merger Control and Abuse of Dominance in the Digital Sector

By Pola Karolczyk & Kyle Le Croy – 

With the digital economy come both challenges and opportunities. In the wake of the digital age, antitrust authorities must develop rules to address the increasing reliance on Big Data, the demand for constant innovation, and the shifts in the very language we use to talk about competition law. The European Commission is tackling the competition issues presented by these changes, but its approaches to the same challenges often differ in the contexts of merger control and abuse of dominance. This article analyzes the decisional practice of the European Commission in these two key areas of competition law enforcement, focusing on its differing approaches to new challenges in Big Data, innovation, and fairness.