The Tragedy of the Successful Firm

Abstract

Twenty years after the emergence of platform literature antitrust courts and authorities still face formidable challenges in deciphering platform business models. The latest two Google cases (Google Search, Google Android) highlight the schism between what firms consider an innovative business plan and what the law is ready to accept. Noting the schism, this article focuses on a number of points that European competition law needs to address to better reconcile business practice with antitrust legal analysis with the view to enable successful firms to operate without fear of punitive enforcement.

Keywords: platform, special responsibility, systemic efficiencies, vertical competition, platform competition, Android, Google Search, Microsoft