Danno antitrust e piattaforme digitali

[Autom. eng. transl.] The anti-competitive activity carried out by those who abuse a dominant position or implement agreements restricting competition causes antitrust damage. In an increasing number of sectors and markets (and, in particular, e-commerce), the intermediation process hinges on virtual technological platforms on the web, which take on increasing importance for interpreting the concrete functioning of the agreements and rotate around large players (tech giants) who can assume a dominant position. The digitalization of distribution chains profoundly changes the reference scenario. On the one hand, digital records make it possible to have a more complete and updated information set, but on the other hand there is a more marked dematerialization and delocalization, which can hinder the reconstruction of events and causal links. The estimate of the damage according to a compensatory logic takes place with a differential approach, comparing the real situation of the injured party with a hypothetical scenario without anti-competitive effects.