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Convergence And Its Discontents: A Reconsideration Of The Merits Of Convergence Of Global Competition Law, Thomas K. Cheng

Thomas K. Cheng

This Article examines the recent phenomenon of the convergence of competition law regimes across the globe. The increasing harmonization of competition law, at both the procedural and substantive levels, has been widely discussed and applauded in recent years. This Article casts doubt on the conventional wisdom that convergence necessarily constitutes a positive development in global competition law. After analyzing the causes of the phenomenon, this Article argues that there should be limits to the pursuit of convergence. First, the costs of convergence should not be overlooked. The most important of such costs is the loss of national regulatory prerogative. Second, …

Digital Platforms In A Competition Law Context. A New Function Of Competition Law In The Digital Era, Vincenzo Franceschelli

Vincenzo Franceschelli

In a classical approach, competition law is a combination (or, if you prefer, a blend or a mixture) of law and economics. The ultimate traditional accepted goal of antitrust is to increase competition and consequently to protect the consumer.

In the digital era, competition law is going beyond its original objective of creating and preserving a competitive market.

Monopoly or dominant position in the digital world effects the communication system, and therefore citizen’s fundamental rights.

Freedom of expression, the right to be informed, privacy, access to information and to the net are preserved in a competitive and pluralistic market and …