The European Commission’s Android Decision and Broader Lessons for Article 102 Enforcement

By Nicholas Banasevic – 

Against the backdrop of the ongoing debate about the appropriate role for competition policy in hi-tech markets and the suitability of its analytical tools, this article examines some of the key findings of the European Commission’s July 2018 Android Decision. While it is important to delineate between what issues should be dealt with by competition law and what might be for other areas of policy, the Decision illustrates that the tools of competition law are sufficiently flexible to be able to analyse conduct in hi-tech markets in a meaningful way.

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