Problematyka wyznaczania rynku właściwego w przypadku rynków wielostronnych na przykładzie platform cyfrowych funkcjonujących w ramach rynków dwustronnych
The problem of defining the relevant market in the case of multilateral markets – based on the example of digital entrepreneurs operating in two-sided markets
Author(s): Agnieszka AnuszSubject(s): Law, Constitution, Jurisprudence, Civil Law, Law on Economics, EU-Legislation, Commercial Law, Comparative Law
Published by: Uniwersytet Adama Mickiewicza
Keywords: relevant market; two-sided market; network effect; antitrust law; gatekeepers
Summary/Abstract: The article analyses the process of defining the relevant market, with reference to digital entrepreneurs who operate on two-sided markets. The article presents a description of two-sided markets, including their basic features, such as network effect and price structure. These aspects are then analysed in the context of three factors of the relevant market: relevant product market, relevant geographic market, and temporal relevant market. The article leads to the conclusion that a temporal relevant market should be determined each time when considering online multiside markets. The article also analyses the so-called gatekeepers, that is entrepreneurs creating markets on which they also define the market conditions. Moreover, they do not always compete on the markets which they have created. In the case of gatekeepers, the article leads to the conclusion that the legal construction of abuse of market position should be sufficient; however, further regulation of gatekeepers may be necessary in the future.
Journal: Ruch Prawniczy, Ekonomiczny i Socjologiczny
- Issue Year: 83/2021
- Issue No: 1
- Page Range: 187-200
- Page Count: 14
- Language: Polish