Lianos, Ioannis; (2024) Ecosystems and Competition Law: A Law and Political Economy Approach. CPI Antitrust Chronicle

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Abstract

This short paper examines the emergence of the concept of ecosystems in competition law in recent years. This is not a linear process, and a competition law and policy theory of ecosystems is still in the making. The recent more systematic use of the concept in competition law proceedings nevertheless provides some clues as to the possible development of this concept and the effort of conceptual clarification that needs to occur. I explore the business studies underpinnings of this concept and the relatively limited analysis by Industrial Organization economics of business ecosystems and co-opetition. I argue for a legal theory of ecosystems that would engage with the goals of the specific competition law or regulatory system while relying on other areas of learning than economics, such as advanced social network analysis and computational sociology to make sense of ecosystems’ dynamics. A broader law and political economy perspective will also enable public authorities to understand better the power relations within or outside a specific business ecosystem and to think creatively about remedies to competition law-related ecosystem problems, that unlock social value and may thus benefit all ecosystem stakeholders, but also the public interest at large.

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