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Intervention Triggers and Underlying Theories of Harm

其他書名	Expert Advice for the Impact Assessment of a New Competition Tool : Expert Study
出版	Publications Office of the European Union, 2020
ISBN	92762277849789276227786
URL	http://books.google.com.hk/books?id=SPIZzgEACAAJ&hl=&source=gbs_api

註釋This report assesses the possible role of a New Competition Tool (NCT) consisting of a market investigation instrument endowed with broad remedies, when a market suffers from competition problems and infringement cases under 101 TFEU and 102 TFEU would be infeasible or ineffective. The report lays out a number of theories of harm, that is, reasons why certain market features or behavior by market participants may lead to consumer harm compared to a relevant counterfactual. The report identifies theories of harm (i) in markets in which none of the firms is dominant and (ii) in markets with a dominant firm but article 102 TFEU is not effective or applicable or there may be a dominant firm in the future. It also argues that the European Commission should look for simple measures as "intervention triggers" for a market investigation under the NCT and identifies some possible triggers. While some of the identified harms are more likely or more pronounced in digital markets, a presumption that the NCT primarily addresses competition problems in digital markets is misguided. Finally, when sector regulation is, in principle, applicable, the NCT is seen as filling a gap between standard competition tools and sector regulation.