Eu competition law goals and the digital economy

New competition dynamics in the digital economy raise questions as to the normative scope of competition enforcement.
The question - ‘Is this a competition problem?’ has become common in the face of new business strategies, new forms of interaction with consumers, the accumulation of data and the use of big analytics.

This paper seeks to outline the goals and values advanced by European Competition law, and their application to digital markets.
The discussion then moves on to explore the tension between the multitude of goals and economic analysis.
It further reflects on the different scope of US antitrust law and the limitations of convergence.

While the digital economy’s particularities may require some tweaks to the enforcement mechanism, it is important to assess each proposal against robust necessity and proportionality standards, while placing the need to guard procedural defense rights – and, in a sense, the rule of law – at a prominent place in that reform process.

The primary objective of EU competition law is to prevent the distortion of competition to allow for a “free and dynamic” internal market and promote general economic and consumer welfare.
Article 101 is an instrument that implements a thorough ban on anti-competitive agreements.