The Evolution of Antitrust in the Digital Era cover

Essays on Competition Policy
Volume 1


David S. Evans

Allan Fels AO

Catherine Tucker


This collection of essays represents the first in a series of two volumes that set out to reflect the state of the art of antitrust thinking in digital markets in jurisdictions around the world. The issues it tackles are many: the role of innovation, the conundrum of big data, the evolution of media markets, and the question of whether existing antitrust tools are sufficient to deal with the challenges of digital markets. Each author tack les the overarching themes from their unique national perspective. The resulting tapestry reflects the challenges and opportunities presented by the modern digital era, viewed through the lens of competition enforcement.

Table of Contents

Editors' Note

The Antitrust “Challenge” of Digital Platforms: How a Fixation on Size Threatens Productivity and Innovation
By Robert D. Atkinson & Joe Kennedy

hiQ v. LinkedIn: A Clash Between Privacy and Competition
By Maureen K. Ohlhausen & Peter Huston

Vertical Restraints in a Digital World
By David S. Evans

Adapting EU Competition Law to the Digital Economy
By Thomas Kramler

Algorithms and Competition in a Digitalized World
By Andreas Mundt

Enforcement in European e-Commerce – The Way Forward
By Aleksandra Boutin, Xavier Boutin & Máté Fodor

The Australian Chapter: Competition Policy Developments and Challenges for the Digital Economy
By Andrew Low & Luke Woodward

Assessing Self-Preferencing by Digital Platform Operators: A Missed Opportunity by the ACCC?
By Simon Bishop & George Siolis

The Nexus between Innovation and Competition: Will the New Digital Technologies Change the Relationship?
By Elizabeth Webster

Dealing with Digital Markets in Mexico: Still more Questions than Answers
By Alejandra Palacios

Data Portability: The Case of Open Banking and the Potential for Competition
By Vinicius Marques de Carvalho & Marcela Mattiuzzo

Algorithmic Collusion: Fear of the Unknown or too Smart to Catch?
By Gönenç Gürkaynak, Burcu Can & Sinem Uğur

Consumers, Digital Platforms, and Abuse of Superior Bargaining Position
By Reiko Aoki & Tetsuya Kanda

The Role of Competition Law and Policy in Supporting ASEAN e-Commerce
By Burton Ong, Celestine Song & Hi-Lin Tan

Competition Law Enforcement in Digital Markets – Emerging Issues and Evolving Re- sponses in India
By Payal Malik, Sayanti Chakrabarti & Maria Khan

The Competition Commission of India’s Approach Towards Digital Markets: The Shift To- wards Interventionism
By Naval Satarawala Chopra, Yaman Verma & Aman Singh Sethi

Editors' Bios

Authors' Bios

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Antitrust in the digital economy is the hottest topic at the moment, led by disputes on competition law's ability to deal adequately with digital platforms. The authors of this volume discuss these matters, drawing on their own backgrounds in many disciplines and in many jurisdictions. The result is an invaluable collection of approaches, knowledge, and points of view on the key issues of debate.

Martin Cave

London School of Economics

This international collection of essays is a must read for anyone involved in debates over Big Tech and antitrust reform.

Dan Crane

Professor of Law, University of Michigan

This volume is a veritable feast of articles by some of the most renowned experts in the world exploring the role, the promise, and the limitations of antitrust and regulation in fostering competition and checking abuses in the digital economy. It spreads its wings high and deep, engaging with the disciplines of competition, data protection, privacy, and the media, as applied to subjects of high-tech dominance, data-driven mergers, and algorithm-based cartels. The collection is international, spanning developed and developing economies. The two volumes easily live up to their aim to present state-of- the-art thinking on antitrust in digital markets in jurisdictions around the world.

Eleanor Fox

Professor of Law, New York University

The rise of the digital economy strengthens the need to understand the workings of digital markets and to verify the suitability of our regulatory tools to ensure that welfare is enhanced. This most welcome collection of essays by leading thinkers, academics, and enforcers from all over the world, significantly contributes to this goal: it offers thoughtful and highly interesting analyses of some of the most important cutting-edge challenges to the application of competition law in the digital economy, and suggests thought-provoking solutions. Issues covered include, inter alia, algorithmic coordination, two-sided markets, self-preferencing, data portability, and significant bargaining power.

Prof. Michal Gal

University of Haifa Faculty of Law, and President of ASCOLA

The latest CPI book brings together a unique combination of fresh antitrust perspectives on all things digital. It gives a first account of developments in jurisdictions which have positioned themselves at the forefront of competition law experimentation, including Australia, Germany, and India. A great source of insight into the risks and opportunities of policy innovation in environments of deep uncertainty.

Nicolas Petit

Chair in European Competition Law, European University Institute

This is a timely and useful resource on one of the most important issues facing competition law practitioners today, with a diverse collection of essays from some of the thought leaders on the topic. It is instructive to see how the issues are being approached in a variety of jurisdictions around the world and many of the takeaways have global application.

Brent Snyder

Chief Executive Officer, Hong Kong Competition Commission

This book collects insights by many of the world’s leading practitioners and academics on critical important topics involving competition in digital issues. Given the number of jurisdictions covered, these essays provide much needed guidance on developments around the world.

D. Daniel Sokol

Professor, University of Florida Levin College of Law

CPI’s Bookshelf

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