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.
|Number of pages||6|
|Publication status||Published - Nov 2019|
- Antitrust law