Skip to main content

Research Repository

Advanced Search

Abuse of Global Platform Dominance or Competition on the Merits?

Chirita, Anca D.

Abuse of Global Platform Dominance or Competition on the Merits? Thumbnail



Contrary to mainstream opinion, suggesting that dominant online platforms compete on their own merits and that their abuse of the large-scale accumulation of data should fall under data or privacy laws, this article argues that competition law should investigate whether global platform competition has been established on merit alone and how digital dominance has been strengthened through the downfall of emerging competition (the exclusionary harm) and the excessive combination of individuals' data (exploitative harm). To frame the theory of competitive harm in a global context, this article compares several of the most recent cases involving digital giants such as Google, Facebook, and Amazon in both pro-active jurisdictions, as well as in less interventionist jurisdictions. In doing so, the author challenges the existing categorization of abuse of a dominant position, especially self-preferencing and the excessive disclosure of data. This article advances the constitutional dimension of competition law by recognizing the principle of nondiscrimination and equal treatment in Google Shopping and the principle of autonomous self-determination in Facebook as embedded in quasi-constitutional EU freedoms of free and fair competition for businesses and free choice for consumers.


Chirita, A. D. (2022). Abuse of Global Platform Dominance or Competition on the Merits?. Loyola consumer law review, 33(1), 1-37

Journal Article Type Article
Acceptance Date Nov 15, 2020
Online Publication Date May 14, 2021
Publication Date 2022
Deposit Date Jan 8, 2021
Publicly Available Date Nov 4, 2022
Journal Loyola consumer law review
Print ISSN 1530-5449
Publisher Loyola University Chicago School of Law
Peer Reviewed Peer Reviewed
Volume 33
Issue 1
Pages 1-37
Publisher URL
Related Public URLs


Published Journal Article (3.3 Mb)

Copyright Statement
This Feature Article is brought to you for free and open access by LAW eCommons. It has been accepted for<br /> inclusion in Loyola Consumer Law Review by an authorized editor of LAW eCommons. For more information,<br /> please contact

You might also like

Downloadable Citations