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A Coat of Many Colours - New Concepts and Metrics of Economic Power in Competition Law and Economics

Lianos, Ioannis; Carballa-Smichowski, Bruno; (2022) A Coat of Many Colours - New Concepts and Metrics of Economic Power in Competition Law and Economics. Journal of Competition Law & Economics 10.1093/joclec/nhac002. (In press). Green open access

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Abstract

The digital economy has brought new business models that rely on zero-price markets and multi-sided platforms nested in business ecosystems. The traditional concept of market power used by competition authorities cannot engage with this new reality in which (economic) power manifests beyond price and output within a relevant market. These developments have culminated in multiple recent calls for a more multidimensional concept of power. Consequently, suggestions over new concepts of power triggering antitrust/regulatory intervention, such as ‘strategic market status’, ‘conglomerate market power’, ‘intermediation power’, ‘structuring digital platforms’, or ‘gatekeepers’ have proliferated to complete, or even substitute, the archetypical concept of market or monopoly power in competition law. However, a theoretical framework for this multidimensional concept of power that can set the basis for new metrics is missing. This article makes three contributions in that direction. First, we conceptualize different forms of (economic) power that go beyond competition within a single relevant market in terms of competition law and economics. Second, we propose new metrics to measure two forms of power: panopticon power and power based on differential dependency between value co-creators. Third, we test the latter and show how they could reduce false positives and false negatives when assessing dominance.

Type: Article
Title: A Coat of Many Colours - New Concepts and Metrics of Economic Power in Competition Law and Economics
Open access status: An open access version is available from UCL Discovery
DOI: 10.1093/joclec/nhac002
Publisher version: https://doi.org/10.1093/joclec/nhac002
Language: English
Additional information: © The Author(s) 2022. Published by Oxford University Press. This is an Open Access article distributed under the terms of the Creative Commons Attribution NonCommercial-NoDerivs licence (https://creativecommons.org/licenses/by-nc-nd/4.0/).
Keywords: K21 - Antitrust LawL1 - Market Structure, Firm Strategy, and Market PerformanceL12 - Monopoly; Monopolization StrategiesL4 - Antitrust Issues and PoliciesL41 - Monopolization; Horizontal Anticompetitive PracticesL5 - Regulation and Industrial PolicyL86 - Information and Internet Services; Computer SoftwareL88 - Government PolicyM21 - Business Economics
UCL classification: UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL
URI: https://discovery.ucl.ac.uk/id/eprint/10149208
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