.Vรกclav ล mejkal – Department of European law, Charles University, Faculty of Law, nรกm. Curieovรฝch 901/7 116 40 Prague 1,
Czechia
DOI: https://doi.org/10.31410/ERAZ.2020.1
ย 6th International Conference – ERAZ 2020 – KNOWLEDGE BASED SUSTAINABLE DEVELOPMENT,ย Online/virtual, May 21, 2020, CONFERENCE PROCEEDINGS
ย Published by:ย Association of Economists and Managers of the Balkans – Belgrade, Serbia
Conference partners: Faculty of Economics and Business, Mediterranean University, Montenegro; University of National and World Economy – Sofia, Bulgaria; Faculty of Commercial and Business Studies – Celje, Slovenia; Faculty of Applied Management, Economics and Finance โ Belgrade, Serbia
ISSN 2683-5568, ISBN 978-86-80194-33-2, DOI: https://doi.org/10.31410/ERAZ.2020
ย Abstract
The European Commission and the competition authorities of the EU member states responded
to the coronavirus crisis with assurances about sufficient flexibility of their instruments. They
enabled temporary cooperation between competitors to ensure the supply of essential medical products
and services. At the same time, they warned against any misuse of the crisis for overpricing or other
monopolistic practices. However, the crisis has also intensified long-term pressures for a fundamental
adaptation of European competition rules. The first challenge is represented by Chinese state-backed
enterprises as potential acquirers of weakened European competitors. The second source of pressure is
the increasingly dominant role of global online platforms. Their role as an irreplaceable infrastructure
for management, communication, counselling and distance learning was reinforced in the coronavirus
crisis. The Commission and other experts are already discussing appropriate responses. This paper
maps the discussion on possible EU responses to these challenges, and tries to show the strengths and
weaknesses of the proposed solutions and on this basis to estimate the future development of EU antitrust
in the post-coronavirus period.
Key words
Coronavirus, Antitrust, European Commission, Chinese State-owned enterprises, Online
platforms.
ย References
ย Chotiner, I. (2020). The Coronavirus and the Future of Big Tech. The New Yorker, April 30, 2020.
Connor, C. (2020). Vestager: EU may introduce competition rules for โdigital gatekeepersโ Global
Competition Review, April 24, 2020.
Court of Justice of the EU (1991). Klaus Hรถfner and Fritz Elser v Macrotron GmbH, Judgment of
23 April 1991, Case C-41/90, ECLI:EU:C:1991:161.
CPI (2019). EU: Brussels examines curbs on non-EU state-backed companies. Competition Policy
International, December 16, 2019. Retrieved from https://www.competitionpolicyinternational.
com/eu-brussels-examines-curbs-on-non-eu-state-backed-companies/
Cremer, J., de Montjoy, Y.-A., & Schweitzer, H. (2019). Competition Policy for the digital era.
Final report. European Union. https:// doi: 10.2763/407537
Crofts, L. (2020a) โToo highโ standard of proof will hinder EU action against abuses, Vestager
says. MLex Special Report, May 1, 2020 Dialling in to Washington โ Mlex Reports from the
68th ABA Antitrust Law โVirtualโ spring Meeting.
Crofts, L. (2020b) Tech gatekeepers of today and titans of tomorrow targeted in Vestagerยดs threeprong
strategy. MLex Special Report, May 1, 2020 Dialling in to Washington โ Mlex reports
from the 68th ABA Antitrust Law โVirtualโ spring Meeting,
Cyndecka, M. (2016). The Market Economy Investor Test in EU State Aid Law, Applicability and
Application. The Netherlands: Kluwer Law International.
De Kok, J. (2017). Chinese SOEs under EU Competition Law. World Competition 40, No. 4(2017),
pp. 583 โ 612.
Espinoza, J. (2020). Vestager urging stake building to block Chinese Takeovers. The Financial
Times, April 12, 2020.
Espinoza, J. & Fleming, S. (2019). Margrethe Vestager examines curbs on non-EU state backed
companies, The Financial Times, December 12, 2019.
European Commission (2017). Staff Working Document on Significant Distortions in the Economy
of The Peopleโs Republic of China for the Purposes of Trade Defence Investigations.
Brussels, 20.12.2017 SWD(2017) 483 final/2.
European Commission (2020a). Communication from the Commission Guidance to the Member
States concerning foreign direct investment and free movement of capital from third countries,
and the protection of Europeโs strategic assets, ahead of the application of Regulation
(EU) 2019/452 (FDI Screening Regulation) 2020/C 99 I/01, OJ C 99I, 26.3.2020, p. 1โ5.
European Commission (2020b). Antitrust: Commission consults stakeholders on a possible new
competition tool. Press release IP/20/977, Brussels, 2 June, 2020.
Funta, R. (2020). Social Networks and Potential Competition Issues. Krytyka Prawa, Vol. 12, No
1/2020, pp. 193-205.
Galloway, S. (2017). The Four. The hidden DNA of Amazon, Apple, Facebook and Google. London:
Transworld Publishers.
Harris, T. (2020). EU Should regulate Facebook and Google as โattention utilitiesโ. The Financial
Times, March 1, 2020.
Kaeseberg, T. (2020). A new level playing field instrument: Potential goals and design. VOX โ
CEPR Policy Portal, January 15, 2020. Retrieved from https://voxeu.org/article/new-eu-level-
playing-field-instrument
Kingdom of the Netherlands (2019). Non-paper – Strengthening the level playing field on the
internal market. Retrieved from https://www.permanentrepresentations.nl/documents/publications/
2019/12/09/non-paper-on-level-playing-field
OECD (2018). Rethinking Antitrust Tools for Multi-Sided Platforms. Retrieved from www.oecd.
org/competition/rethinking-antitrust-tools-for-multi-sided-platforms.htm
Scott, M. (2020). Coronavirus crisis shows BigTech for what it is -a 21st century public utility.
POLITICO, March 25, 2020.
Stevens, M. (2019) Elizabeth Warren on Breaking Up Big Tech. The New York Times, June 26,
2019.
UNCTAD (2019). Competition issues in Digital Economy. Note by the UNCTAD secretariat.
TD/B/C.I/CLP/54, May 1, 2019.
Vilette, M. (2017). Et si Google รฉtais un service public? La Tribune, 18 Octobre 2017.
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