European Antitrust Enforcement in the Digital Era: How It Started, How It’s Going, and the Risks Lying Ahead

• DOI: http://doi.org/10.1177/0003603X221126138
• Published date: 01 December 2022
• Date: 01 December 2022
• Subject Matter: Articles

https://doi.org/10.1177/0003603X221126138

The Antitrust Bulletin

2022, Vol. 67(4) 522 –535

© The Author(s) 2022

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DOI: 10.1177/0003603X221126138

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Article

European Antitrust Enforcement in

the Digital Era: How It Started, How

It’s Going, and the Risks Lying Ahead

Athena Kontosakou*

Abstract

The digitalization of economy, the proliferation of data collection, and the increased dependency

of consumers on online services has brought about new ecosystems, new business models, and

new, complex antitrust issues. Delineating the new remits of antitrust enforcement to tackle those

issues is not an easy task. The present contribution discusses significant legislative and enforcement

changes in Europe, both at Union and Member State level and identifies risks for the future of

antitrust enforcement.

Keywords

competition law, antitrust enforcement, antitrust investigations, interoperability, Bronner, data,

merger review, killer acquisitions, digital markets, platforms, DMA, Art. 22 EUMR, Google Shopping

I. Introduction

Antitrust is in the spotlight on both sides of the Atlantic, with unprecedented levels of enforcement

activity, a plethora of legislative initiatives, novel interpretations of existing laws, and attention-grab-

bing headlines. The digitalization of economy, the exponential growth of tech companies (assisted by

the pandemic), the scores of data collected by incumbent firms, and the ever increasing dependence

of consumers on online services have brought about novel and complex antitrust issues. Regulators,

policy makers, enforcers, and antitrust scholars are all trying to understand the dynamics of the new

ecosystems and the workings of the underlying business models to (1) effectively review the founda-

tional premises of competition law; and (2) propose the right mix of ex post with ex ante intervention

to tackle the resulting problems (e.g., “lock-in” effects, data asymmetry, “killer” acquisitions, inabil-

ity of new entrants to compete).

Striking the right balances between effective intervention and protection of incentives to innovate in

the dynamic environment of multi-product/multi-actor ecosystems is not an easy task: it is often unclear

whether an allegedly abusive conduct or a proposed transaction will end up restricting or, au contraire,

promoting competition, innovation, and consumer welfare. Other objectives such as legal certainty,

*Counsel, Quinn Emanuel Urquhart & Sullivan, LLP, Brussels, Belgium

Corresponding Author:

Athena Kontosakou, Counsel, Quinn Emanuel Urquhart & Sullivan, LLP, Brussels 1050, Belgium.

Email: athenakontosakou@quinnemanuel.com

1126138ABXXXX10.1177/0003603X221126138The Antitrust BulletinKontosakou

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