Innovationsförderung und Innovationsbeschränkung in digitalen Ökosystemen

Platforms have a wide range of tools and incentives to foster or restrict competition and innovation in an ecosystem. Behaviour often has an ambivalent effect on competition. The central legal challenge is to address anti-competitive facets of behaviour in a moderate and tailored manner. On the other hand, the case-by-case intervention is in a conflicting relationship with the enforceability. Using the example of data-based self-preferencing, this study examines whether and to what extent German and EU Competition Law and the EU digital market regulation (DMA) can resolve this conflict in a satisfactory manner.