Multiplicity of tools for antitrust and consumer protection in digital markets: the Italian experience and the road ahead

Abstract

ABSTRACT This article discusses the role of national competition authorities in the digital sector in the lights of new legislative initiatives in Europe. It argues that the availability of multiple tools offers new opportunities to balance objectives such as flexibility, harmonization, timeliness and legal certainty, helping to enhance effectiveness. Further, it discusses the recent enforcement experience of the Autorità Garante della Concorrenza e del Mercato (AGCM), which has the dual mandate to enforce competition and consumer protection rules in Italy. The AGCM has used antitrust tools to empower consumers with choice, through a number of landmark digital cases on issues related to access and visibility in online marketplaces, refusal to deal and interoperability, data value and portability, privacy and advertising, and unfair negotiations. The AGCM has used consumer protection tools to guide consumers in the selection process, concluding numerous digital investigations on online architecture, misleading information, dark patterns and choice pressure.