Written at a time of unprecedentedly complex and multifaceted debate about the role and appropriateness of standards and presumptions in competition enforcement in digital markets, this publication provides a comprehensive overview by leading experts in antitrust law and policy, with a focus on US, European, and global perspectives. It examines how antitrust standards and presumptions have evolved over time, and how they are currently applied to address the broader economy in general and digital markets in particular.


The book covers important enforcement and policy developments regarding the formulation of presumptions and the role of courts and antitrust enforcement agencies in this area. In addition, it explores the approaches to antitrust standards and presumptions in developed and developing countries, including chapters focusing on Brazil, China, Russia, and South Africa. The authors provide insightful analysis, global perspectives, and practical guidance on the most pressing issues and questions facing antitrust enforcers and policymakers today.



TABLE OF CONTENTS



Preface

Yannis Katsoulacos, Athens University of Economics and Business |
Jiangxi University of Finance and Economics (China) | CRESSE



Foreword

Krisztian Katona, Computer & Communications Industry Association (CCIA)



Introduction

Richard Whish, King’s College London



PART I



Legal Standards, Presumptions and Antitrust Enforcement
Economic and Legal Principles and the Cases of EU and US
Simple Rules for Antitrust
Eleanor M. Fox, New York University School of Law


Making Antitrust Decisions about Digital Platforms
Herbert Hovenkamp, University of Pennsylvania Carey Law School & the Wharton Sc
hool


Proving Competition Violations under EU Law:
Legal Approach and Economic Reasoning
Frédéric Jenny, ESSEC Business School, Paris and OECD Competition Committee


Could a Move to More Presumption-Based Legal Standards Be Justified
for the Big-Tech Digital Markets on Error-Cost-Minimising Grounds?
Yannis Katsoulacos, Athens University of Economics and Business |
Jiangxi University of Finance and Economics | CRESSE


Competition Law Systems, Courts, and the Formulation of Presumptions
William E. Kovacic, George Washington University Law School
Looking beyond Courts for Competition Enforcement
in Digital Platform Markets
Howard Shelanski, Georgetown University



PART II



Legal Standards in Brazil, China, Russia and South Africa
Appropriate Legal Standards in Competition Law:
a South African Perspective
Thembalethu Buthelezi, James Hodge and Mpumelelo Tshabalala,
Competition Commission of South Africa and Competition Tribunal of South Africa


Legal Standards in Competition Law Enforcement
Against Digital Platforms in Russia
Svetlana Golovanova and Svetlana Avdasheva, National Research
University Higher School of Economics (HSE University), Russia


China’s Antitrust Regulation of the Digital Economy:
Recent Developments and an Evaluation
Ping Lin and Clare G. Ye, Shandong University


Conduct Analysis in Digital Cases: a Review of the Brazilian Antitrust
Authority Decisions
Camila C. Pires-Alves, Luiz Carlos Delorme Prado, Eduardo P. Ribeiro
and Diandra C. de Oliveira Vieira da Rocha, GDEC Research Group
and Institute of Economics – Federal University of Rio de Janeiro (IE-UFRJ)