Self-Preferencing and Competitive Damages: A Focus on Exploitative Abuses

Patrice Bougette, Oliver Budzinski and Frédéric Marty

No 2022-01, GREDEG Working Papers from Groupe de REcherche en Droit, Economie, Gestion (GREDEG CNRS), Université Côte d'Azur, France

Abstract: Conceived as a theory of competitive harm, self-preferencing has been at the core of recent European landmark cases (e.g., Google Android, Google Shopping). In the context of EU competition law, beyond the anti-competitive leveraging effect, self-preferencing may lead to vertical and horizontal exclusionary abuses, encourage exploitation abuses, and generate economic dependence abuses. In this paper, we aim at characterizing the various forms of self-preferencing, investigating platforms' capacity and incentives to do so through their dual role, by shedding light on the economic assessment of these practices in an effects-based approach. We analyze the different options for remedies in this context, by insisting on their necessity, adequacy, and proportionality.

Keywords: Self-preferencing; antitrust; regulation; European Union competition law; exploitative abuse; Digital Markets Act (search for similar items in EconPapers)
JEL-codes: K21 L12 L40 L42 (search for similar items in EconPapers)
Pages: 26 pages
Date: 2022-01
New Economics Papers: this item is included in nep-com, nep-law and nep-reg
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Citations: View citations in EconPapers (1)

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Working Paper: Self-Preferencing and Competitive Damages: A Focus on Exploitative Abuses (2022)
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Persistent link: https://EconPapers.repec.org/RePEc:gre:wpaper:2022-01

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