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#Tech, Media, Telecom

INTERVIEW: How to make competition policy fit for the digital age?

  • 3 June 2020
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Alexandre de Streel (CERRE and University of Namur), conducted an interview of Jorge Padilla (Senior Managing Director and Head -Compass Lexecon Europe, Brussels) and Jacques Crémer (Professor-University of Toulouse I) in Concurrences. They discuss new issues raised by digital platforms and analyse how they could be dealt with by competition policy.

In its new Digital Strategy adopted in February 2020, the European Commission announces a review of the competition rules so that they’re fit for the digital age. “We need to reconsider market definition. It is now a static notion that needs to be adapted to incorporate the dynamic competitive threats that platforms face from potential competitors,” said Jorge Padilla during the interview.

The Commission will also explore the need for ex-ante rules to ensure that markets characterised by large platforms with significant network effects acting as gatekeepers remain fair and contestable. “There seems to be an emerging consensus that remedying anticompetitive behaviour in digital platform markets is a complex exercise and that cease and desist orders are unlikely to restore conditions of competition. Hence, ex-ante regulation may be needed”, explained Padilla.

But it is a complex question. “I have seen very little precise thinking about how it would be done, by which type of agency(ies), with what type of power, what type of mandate and what type of incentives,“ warned Jacques Crémer.

“There still is a lot of work to be done to better understand the economics of the digital world. In the meantime, all involved, lawyers, economists, authorities, firms, will make mistakes, but it would be a worse mistake to do nothing,” concluded Jacques Crémer.

Document(s)
Interview | Concurrences 2020 - Padilla Cremer Destreel
Author(s)
Alexandre De Streel
Alexandre de Streel
CERRE Academic Co-Director
Professor of EU Law, University of Namur

Alexandre de Streel is an Academic Co-Director at the Centre on Regulation in Europe (CERRE) and Professor of European law at the University of Namur and the Research Centre for Information, Law and Society (CRIDS/NADI). He is also currently a Hauser Global Research Fellow at NYU Law School and an assessor at the Belgian Competition Authority. He has visiting positions at the University of Louvain, European University Institute, Barcelona Graduate School of Economics and the European Institute of Public Administration in Maastricht.

His main areas of research are regulation and competition policy in the digital economy, as well as the legal issues raised by the developments of artificial intelligence. Recently, he advised the European Commission and the European Parliament on the regulation of online platforms.

Previously, Alexandre worked for the Belgian Deputy Prime Minister, the Belgian Permanent Representation to the European Union and the European Commission (DG CONNECT). He holds a Ph.D. in Law from the European University Institute and a Master’s Degree in Economics from the University of Louvain.

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