Digital competition policy: In search for a new raison d’être

Oles Andriychuk

Chapter 5 in Research Handbook on Data, Privacy and Competition Law, 2025, pp 113-125 from Edward Elgar Publishing

Abstract: Relative indeterminacy of competition rules and policies is a new condition for the competition law actors. For decades, our thinking has been underpinned by the axiomatic calculability of price theory. The purpose of this chapter is to conceptualise this emerging condition by looking at the Digital Markets Act as a new regime epitomising the trend. As the new modality no longer relies on positive science of neoclassical economics, the first goal of the chapter is to de-pathologise indeterminacy, submitting that this is an ordinary condition for any law at any time. The feature of indeterminacy is being widely discussed in legal theory, the alma mater of all legal disciplines. The new epistemic navigator steering the emerging policy is proposed to be the concept of political reasonableness. The chapter defines its key distinctive features, correlating them to the emerging EU digital competition policy.

Keywords: Digital Markets Act; Digital competition policy; Legal theory; Reasonableness; Law; Economics (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802202328
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