By Timothy Cowen & Stephen Dnes –
This article will place EU competition law policy in a comparative perspective, drawing comparisons with U.S. federal antitrust law, which differs on a number of key points relating to innovation. As a starting point, both EU and U.S. policy and law both seek to foster innovation. However, they can be argued to do this in slightly different ways.
This article highlights a number of important precedents, such as the Microsoft decision, to show how EU competition policy fosters a competitive marketplace, before applying these points to the ongoing investigation into Google, whose resolution may yet prove to be the most important restatement of EU competition policy towards on digital markets.
