New Game, New Rules: The Emerging European Antitrust Policy in Connection with E-commerce

Abstract

The rapid development of e-commerce leads to specific new phenomena in the distribution chain of goods and services, businesses are trying to adapt this new distribution channel to their products and existing distribution methods and make use of it or to restrict its use.

The intensity of the development of e-commerce in Europe is not uniform. Due to the diff erent characteristics of national markets and their structure, certain features of e-commerce are more problematic in some Member States than elsewhere. It can also be observed that where e-commerce is more widespread, national competition authorities are also more active.

The purpose of this study is to comprehensively review the current European competition regulatory framework and cases concerning the vertical aspects of online distribution of goods and to present the emerging European jurisprudence and competition policy in this context.

The main conclusion of the study is that currently many issues related to e-commerce, which are relevant from the competition law point of view, are still open. In many cases, it is unclear whether the restraints observed distort competition at all, and whether the benefi ts may compensate consumers for the disadvantages caused by restrictions. Th e future assessment of these issues and the responses given to them at European level are, to a large extent, influenced by the competition law enforcement of competition authorities of the Member States and the current review of vertical rules.