To quote this resource: Dorian DUTOIT-PROUST, “Relevance and Effectiveness of sui generis instruments to tackle exclusionary practices in the Digital Economy”, Competition Forum – Resources, 2024, n° 0015,


This research report brings together the main milestones in the competitive analysis of market dynamics that can lead to situations of dominance. By considering changes in the concepts of relevant market and dominant position, it is possible to analyse the different conceptions of foreclosure abuse and their consequences. The paper is divided into two parts, which try to understand the reasons behind the changes in the preliminary assessment of abuse of a dominant position and its practical definition.

The first part looks successively at the relevant market and a company’s dominance of the relevant product, the relevant product and geographic market analysis and the relevant product and geographic market analysis position. The sophistication of the relevant product and geographic market analysis enables a more detailed and complete definition of the dominant position, with microscopic and macroscopic industrial economics considerations. Then, it presents the general method for assessing an exclusionary practice and then details the evolution in its proof. A post-modernisation of the abuse of a dominant position paradoxically leads to a lesser degree of methodological economy.

The second dwells on the specific features of the digital economy that could justify unique competitive dynamics. The study focuses on the sources of static and dynamic value creation, between the use of data, personalisation and dynamic effects of scale or range. A comparative study of generic and digital predatory practices highlights the relevance of current
competition law in addressing predatory practices in the digital economy. The paper concludes with a discussion of the need for legal provisions to regulate platforms and the prospects for the law on abuse of predatory practices.




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