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The Concept of Ecosystem: A Shield, a Sword, or Janus?

BY | May 9, 2024

The concept of ecosystem is characterized by its ambivalence. Depending on normative position of the party, it can be used as a sword – to extend the theory of harm…

The concept of ecosystem is characterized by its ambivalence. Depending on normative position of the party, it can be used as a sword – to extend the theory of harm used by the enforcers/claimants in proceeding against (mainly) large online platforms; or as a shield – to defend against accusation of infringement or demonstrate procompetitiveness of proposed merger. The concept is gaining its momentum in EU competition law as well as in the realm of the DMA. The proposition, endorsed in this p

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