Abuse of Platform Power: Leveraging Conduct in Digital Markets Under EU Competition Law and Beyond

Online platforms play a crucial role in today's economy by serving as intermediaries between consumers and suppliers. The economics governing their business model pushes them to first pursue growth over profits and later integrate vertically-a dynamic that has resulted in expansive digital ecosystems. The platforms orchestrating these ecosystems can have an incentive and ability to exclude suppliers ('intra-platform exclusion'). Article 102 TFEU targets such conduct, in particular through the figure of 'leveraging', but the economic and technological complexity of platforms has befuddled traditional legal analysis.

This book presents an in-depth study of the abuse of dominance in the platform economy. It starts by studying platform business strategy and then systematically analyzes how different forms of leveraging abuse (tying, refusal to supply, margin squeeze, discrimination) should be reinterpreted in the platform economy. The book also recognizes the procompetitive role of platforms and suggests safeguarding it by duly considering justifications. Finally, the book surveys ex ante measures targeted at platforms such as non-discrimination rules, portability and interoperability measures, forced access, and break-up.

The book was awarded the 2022 Concurrences Ph.D. Award in Law.

Friso Bostoen is an assistant professor of competition law and digital regulation at Tilburg University (from May 2023). He obtained his Ph.D. at KU Leuven as a fellow of the Research Foundation Flanders (2021) and was a Max Weber Fellow at the European University Institute (2022-23). He completed his initial legal studies at KU Leuven (2016) and went on to obtain an LL.M. degree from Harvard University as a Fulbright scholar (2019). Friso's research focuses on the regulation of online platforms-and technology more broadly-under antitrust law and sectoral regulation. His work has resulted in numerous international publications and presentations. In addition, he edits the CoRe Blog and hosts the Monopoly Attack podcast. He has taught competition law at a variety of institutions including KU Leuven, the London School of Economics, Erasmus University (Rotterdam), Waseda University (Tokyo) and the University of Trento.Friso Bostoen was awarded the Concurrences Ph.D. Award in Law 2022, for his thesis Abuse of Platform Power - Leveraging Conduct in Digital Markets under EU Competition Law and Beyond