‘Market power’ is generally defined in terms of the ability to profitably sustain an increase in prices above the competitive level. Explain why this may not be a useful approach when assessing the conduct of platform operators. Use one or more examples to illustrate your answer.
What is the role of a counterfactual when analysing an alleged abuse of market power or the equivalent? Are there complications applying the counterfactual test when analysing the conduct of platform businesses?
The EU’s Digital Markets Act introduces rules for platforms that act as “gatekeepers” in the digital sector . It aims to prevent gatekeepers from imposing unfair conditions on businesses and consumers and at ensuring the openness of important digital services.
Briefly explain why in this Act the EU has specifically targeted unfair practices by gatekeepers separately from the conduct caught under Art 102 of the TFEU.
Could this Act indicate that FRAND has not been successful in ensuring access to Standard Essential Patents?
Link to Digital Markets Act:
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