We focus on recent Abuse of Dominance antitrust cases in high-tech markets and discuss the important role of differences in the Substantive Criteria in explaining differences in the Legal Standards adopted in EU and U.S. Also, we consider the reasons that the rule of reason is not adopted in either EU or U.S. in these cases and, finally, we consider whether and how recognising the potential impact of anticompetitive (exclusionary) conduct on innovation in hi-tech markets, such as the “digital platforms,” should affect enforcement procedures.
