Authored by: Marinova, Miroslava
The European Commission’s Draft Article 102 Guidelines Under Fire: Examining the Substance and the Roots of the Criticism
The George Washington University Competition and Innovation Lab has launched the European Initiative to gain a comprehensive understanding of regulation in the digital domain and innovation dynamics across various global regions. This initiative aims to
amplify the perspectives of European nations, providing insights into their distinct economic landscapes and mutual relationships. European countries are at the forefront of trends in digital trade, competition policy, and intellectual property, necessitating nuanced and in-depth analyses.
The European Union is leading global efforts in digital trade agreements and data governance, notably playing a pivotal role in negotiating the first global rules on digital trade within the World Trade Organization (WTO). In digital platform regulation, the EU''s initiatives include the Digital Markets Act and the Digital Services Act, extending to artificial intelligence with the AI Act and discussions on the Standard Essential Patents Regulation.
Furthermore, the EU is emphasizing alignment and coordination between market authorities to ensure consistency across various market sectors.
This chapter aims to facilitate debates and interactions among academics, policy officers from national and international organizations, and the private sector about a common regulatory toolbox. The goal is to enable supervisors and market authorities to develop best practices and avoid fragmented approaches. While European countries face similar challenges, significant differences among them must be taken into account. For instance, while the EU has begun to introduce new regulations to bring legal harmonization, Germany believes the European Commission should be empowered to impose remedies
after a sector inquiry.
Key questions for discussion during the European initiative include how market authorities can build coordination and institutional alignment to avoid redundancy and negative
externalities. Additionally, the initiative will explore the integration of trade and competition policy at the cross-border level, recognizing that trade policy and domestic regulation are
interconnected. Understanding the antitrust implications of trade rules, particularly in how the EU relates to China, the US, and the Global South, is crucial for shaping inclusive and effective policies.
This initiative underscores the importance of collaboration and tailored approaches in addressing the complex landscape of digital trade and innovation regulation within the European context, ultimately contributing to the development of more coherent and effective global policies.
GW CIL’s European Union Initiative Lead
Konstantina Bania is a partner at Geradin Partners where she advises on cutting-edge competition and regulatory matters pertaining to digital markets.
Paolo Buccirossi is the director and founder of Lear, a consulting and research center specialized in competition economics.
Josef Drexl is Director of the Max Planck Institute for Innovation and Competition in Munich, Honorary Professor and Member of the Bavarian Academy of Science.
Simon J Evenett is Professor of Geopolitics and Strategy at IMD. A globally recognized expert on trade, investment, and geopolitical dynamics.
Michal Gal is Professor and Director of the Forum on Law and Markets at the Faculty of Law, University of Haifa, Israel.
Youlia Lozanova brings 20 years of experience in digital development, specializing in policy and regulation for the ICT sector and digital markets.
Damien Neven is Professor of Economics at The Graduate Institute, Geneva and Academic Affiliate with Compass Lexecon.
Kristina Nordlander has a leading EU antitrust, litigation and regulatory practice with a particular focus on big tech and life sciences.
Xavier Vives is professor of Economics and Finance at IESE Business School. He holds a Ph.D. in Economics from UC Berkeley.
Authored by: Marinova, Miroslava
The European Commission’s Draft Article 102 Guidelines Under Fire: Examining the Substance and the Roots of the Criticism
Authored by: Marinova, Miroslava
Reply to the European Commission Public Consultation on the Draft Guidelines on the Application of Article 102 TFEU to Exclusionary Abuses
Fighting children’s social media addiction in Hungary and the US
Authored by: Mónika Mercz
Fighting children’s social media addiction in Hungary and the US
Authored by: Isabella Lorenzoni
From the More Economic Approach to the More Digital and Data-Driven (DDD) Approach: Enforcing Competition Law in the Digital Era
Authored by: Marinova, Miroslava
Rethinking the As-Efficient Competitor Test: Assessing the wider impact of the CJEU’s Judgment in Unilever and its Implications in Shaping the EU
The TRIPS Agreement in the Face of IP Judicial Fragmentation
Authored by: Borgogno, Oscar
This working paper examines the global rise of antitrust litigation over IP-related ASIs, a tool with extraterritorial impact that limits patent enforcement on standard essential technologies. As...
A Bottom-Up Proposal for Coordinated International AI Supervision
Authored by: Borgogno, Oscar
Artificial Intelligence (AI) is poised to permeate across different industry sectors, offering unprecedented opportunities alongside significant risks. Effective governance necessitates coordinated...
Decentralised Autonomous Organizations: Targeting the Potential Beyond the Hype
Authored by: Oscar Borgogno and Edoardo Martino
Decentralised Autonomous Organisations (DAOs) aim at innovating the organization forms for business activities.