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Do the current EU antitrust regulations under the articles 101 and 102 of Treaty on the Functioning of European Union, prohibiting the dominant companies from abusing their dominant position, strike balance between preservation of internal free market and business development?
Frank, Daniil
Frank, Daniil
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Abstract
The issue of regulation of businesses and emerging corporations has been pertinent to the European Community since its foundation. Over the time period of just over twenty years, from the day when the Treaty on the Functioning of European Union had entered into force, the European states and authorities were issued regulations which became enforced upon the undertakings that participate in the economy of the EU. With the emergence of businesses and the wide range of services, available to the customers there arose competition as a natural consequence of the business development. The EC had issued articles 81 and 82 (which later were turned into the article 101 and 102 of TFEU), which provided substantial guidance to private individuals and the corporations alike, outlining two central prohibitions to the political economy: article 101 prohibited the formation of mergers and cartels, whilst the article 102 explicitly forbids the companies, holding a dominant position to abuse such position. With the arrival of digital businesses on the EU market the undertakings faced significant legal challenges, which were proceeded with substantial financial fines and substantial restrictions on the activity of many companies. Many of those challenges arose in the age of New Economy, which quickly began to present the new realities of political economy to the European community and demand rapid modernization of the legal standards. This work will explore the existing antitrust rules of the European Union, examine the impact of these rules on the modern digital businesses and will seek to prescribe a solution, based on the already existing directives and regulations that are in place. The research topic is based on the question of the current antitrust regulations in the EU under Article 102 of the TFEU prohibiting the dominance of companies being capable of balancing among following development of digital businesses and ensuring a competitive and free market. The digital markets act has been proposed for the unification of the national legislations of the member states for prohibiting the dominant companies is a gatekeeper from using unfair practices while preserving the scope of innovation and technological development.
Description
Thesis (B.A. in Political Science)--John Cabot University, Fall 2021.
Date
2021
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Keywords
European Union, European federation, European Union countries, Commercial law, Social responsibility of business
Citation
Frank, Daniil. "Do the current EU antitrust regulations under the articles 101 and 102 of Treaty on the Functioning of European Union, prohibiting the dominant companies from abusing their dominant position, strike balance between preservation of internal free market and business development?". BA Thesis, John Cabot University, Rome, Italy. 2021.