THE CHALLENGES POSED TO EUROPEAN UNION COMPETITION LAW BY LARGE TECHNOLOGY COMPANIES, IN PARTICULAR APPLE AND AMAZON

Abstract

Abstract: This article consists of two parts. Part I analyzes the investigation of the European Commission of July 17, 2019, regarding Amazon. The functions of Amazon's Buy Box are presented and the possibility that Amazon's use of the Buy Box constitutes an abuse of a dominant position by the mentioned company is highlighted. After concluding that Amazon's prioritization of its products and services over competitors constitutes an auto-preferencing situation, we briefly address this type of business behavior and Amazon's abuse of dominant position in adopting this practice.

The second part highlights the facts and conclusions contained in the statement of objections and the European Commission sent to Apple in 2021. Two situations are considered of concern from the perspective of Competition Law. We present and agree with the thesis defended by Geradin and Katsifis (2020) who maintain that some practices adopted by Apple in relation to its app store are covered by article 102 of the Treaty on the Functioning of the European Union.

Keywords: Restrictive Practices, Amazon, Apple, Self-preferencing, Abuse of Dominant Position