The Commission’s decision in the Google Android case: overstretch of the EU competition law or foundation for the new policy in the digital market?

Abstract

The European Commission’s decision in the 2018 Google Android case is monumental not only for the amount of fine levied but also because it addresses questions in the digital market in need of clarification. Among others, the market definition and existence of the status quo bias was contended. With the appeal of the decision currently pending in the General Court, this thesis aims to predict the outcome of the decision as well as conduct interdisciplinary research from an economic perspective to analyse whether the claims of the parties are backed by sound economic models. After an in-depth analysis of Article 102 of the TFEU; the Commission decision and the opinions of scholars, it is concluded that sound but contrasting economic models are used by both parties to back their claims. However, judging by the merits of the argument, it is likely that the Court will uphold the Commission’s decision.