Abstract
- The Commission’s cautious approach to antitrust remedies, which tends to take the form of cease-and-desist orders, needs to be rethought in order for remedies to achieve their aims, especially in digital markets.
- The legal framework, which centres around the requirements of proportionality, effectiveness and a remedial link, leaves room for creativity in remedy design. It allows not only for injunctive remedies but also for preventative and restorative remedies.
- Practical difficulties, including information asymmetries, resource considerations, platform market intricacies, and the complexity of intervening in product designs and business models, pose a greater challenge to remedy design.
- A more iterative remedy process revolving around flexible remedies, adopted through a more open procedure, which can be tested and redesigned along the way, can help tackle current difficulties.
- The legal framework, which centres around the requirements of proportionality, effectiveness and a remedial link, leaves room for creativity in remedy design. It allows not only for injunctive remedies but also for preventative and restorative remedies.
- Practical difficulties, including information asymmetries, resource considerations, platform market intricacies, and the complexity of intervening in product designs and business models, pose a greater challenge to remedy design.
- A more iterative remedy process revolving around flexible remedies, adopted through a more open procedure, which can be tested and redesigned along the way, can help tackle current difficulties.
| Original language | English |
|---|---|
| Pages (from-to) | 540-552 |
| Number of pages | 13 |
| Journal | Journal of European Competition Law & Practice |
| Volume | 14 |
| Issue number | 8 |
| DOIs | |
| Publication status | Published - 1 Dec 2023 |