The Good, Bad And Ugly In Competition Law Enforcement: Observations From The Technology Sector

By Timothy Cowen & Stephen Dnes –

This article identifies what works well in competition law enforcement, and what drives and distinguishes good performance from less desirable outcomes. To do so, it analyses the application of competition law to technology and communications markets. This choice of focus reflects particularly pronounced issues that have arisen in relation to problematically slow enforcement mechanisms, which have the effect of frustrating the law. The article concludes with some practical suggestions highlighting areas for potential reform that might help to address some of the identified issues in the disjunction between substantive rules and their enforcement in fast-paced markets, with an emphasis on small but significant changes that could be applied to administrative procedures.