Conclusion

McMahon, Lucia

doi:10.7591/cornell/9780801450525.003.0008

Cited by 1 publication

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…18 These tests have been substantially sharpened in recent decades due to criticism that Article 102 TFEU imposes restrictions on dominant undertakings that were unlikely to improve the competitiveness of the market, and instead were merely protecting weaker competitors. 19 Both the Court and the Commission have clarified that a dominant undertaking is allowed to "compete on the merits". 20 The Commission qualifies this as competition on "prices, better quality, and a wider choice of new and improved goods and services".…”

Section: Competition Lawmentioning

confidence: 99%

Towards Smarter Regulation in the Areas of Competition, Data Protection and Consumer Law: Why Greater Power Should Come with Greater Responsibility

Graef

Berlo

2020

Eur. j. risk regul.

View full text Add to dashboard Cite

Based on a mix of conceptual insights and findings from cases, this paper discusses three ways in which the effectiveness of regulation in the areas of competition, data and consumer protection can be improved by tailoring substantive protections and enforcement mechanisms to the extent of market power held by firms. First, it is analysed how market power can be integrated into the substantive scope of protection of data protection and consumer law, drawing inspiration from competition law’s special responsibility for dominant firms. Second, it is illustrated how more asymmetric and smarter enforcement of existing data protection rules against firms possessing market power can strengthen the protection of data subjects and stimulate competition based on lessons from priority-setting and cooperation by consumer authorities. Third, it is explored how competition law’s special responsibility for dominant firms can be further strengthened in analogy with the principle of accountability in data protection law. Similarly, it is discussed how positive duties to ensure fair outcomes for consumers are developed in consumer law. The analysis offers lessons for improving the ability of the three regimes to protect consumers by imposing greater responsibility on firms with greater market power and thus posing greater risks for consumer harm.

show abstract

Section: Competition Lawmentioning

confidence: 99%