Discrimination of consumers in EU competition law

Research output: Contribution to JournalArticleAcademicpeer-review

Abstract

Discrimination of consumers is an issue of increasing importance especially as commerce moves online and is ever more able to differentiate between them. At the same time the concept of fairness as a form of consumer protection is gaining traction in EU competition law. Because there are few precedents, new thinking is needed to define when and how to discipline dominant undertakings with respect to consumer discrimination. This involves developing the legal basis of Article 101(a) TFEU on unfair treatment, and building on the Geo-blocking, 1998 World Cup and Deutsche Post precedents. A sounder grounding in economics as to when price differentiation by dominant operators is unfair is also required. In addition active enforcement may be accompanied by a compliance based duty of care for online or digitally dominant undertakings.
Original languageEnglish
Pages (from-to)511-516
Number of pages6
JournalECLR
Volume40
Issue number11
Publication statusPublished - Nov 2019

Keywords

  • Discrimination
  • Consumers
  • Antitrust law

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