Private antitrust enforcement for consumers and digital platforms: where is the compensation?
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2025
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This article examines the evolving landscape of private enforcement in abuse of dominance cases within digital markets, focusing on the challenges faced by consumers and businesses in seeking redress from dominant digital platforms. It explores how the rise of Big Tech has intensified bargaining asymmetries and introduced new competition risks, prompting regulatory responses such as the EU’s Digital Markets Act and Digital Services Act. Through an initial analysis of two cases, including Idealo v. Google in Germany and collective actions against Apple in the UK, the article highlights the procedural and evidentiary hurdles in quantifying harm, particularly for consumers. It discusses the limitations of current legal and economic methodologies, such as the lack of methods for the lack of choice for consumers in Europe. Despite a consensus on the need for effective private enforcement, significant barriers remain—particularly for consumers—due to the fragmentation of collective redress mechanisms and the complexity of proving harm in digital markets. This asymmetry undermines both consumer welfare and the effectiveness of EU competition law, underscoring the urgent need for more accessible and robust enforcement tools.
Palabras clave
Private antitrust enforcement
Consumers
Digital platforms
Abuse of dominance
Bargaining asymmetries
Consumers
Digital platforms
Abuse of dominance
Bargaining asymmetries
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Suderow, J. (2025). Private antitrust enforcement for consumers and digital platforms: where is the compensation? En Compensation of Damages in Digital Markets (pp. 233-252). Atelier.