The Challenges of Form-Based Enforcement Approaches In Dominance Cases

The role of economic effects analysis in dominance or monopolization cases has come under increasing scrutiny in recent policy debates on both sides of the Atlantic. Some advocate a more form-based approach, reducing the role of consumer welfare analysis and efficiency considerations. This article explores the limitations of heightened formalism, emphasizing the unintended consequences that may arise when dominant firms adapt to formalizations that are not anchored in clear economic theory. Focu