In a classical approach, competition law is a combination (or, if you prefer, a blend or a mixture) of law and economics. The ultimate traditional accepted goal of antitrust is to increase competition and consequently to protect the consumer.
In the digital era, competition law is going beyond its original objective of creating and preserving a competitive market.
Monopoly or dominant position in the digital world effects the communication system, and therefore citizen’s fundamental rights.
Freedom of expression, the right to be informed, privacy, access to information and to the net are preserved in a competitive and pluralistic market and jeopardized in case of monopoly or dominant position. And the classical accepted theory of Copyright itself is involved.
May be is time to consider the preservation of a competitive and pluralistic market in the digital world not only a collateral effect of an effective antitrust policy, but one of its new function.
- Competition Law,
- Communication Law,
- Provider Liability,
- Human Rights
Available at: http://works.bepress.com/vincenzo_franceschelli/1/