The EU Competition Law Treatment of Exclusive Dealing in the Digital Economy

Exclusive dealing in the digital economy refers to agreements between a supplier and a distributor or retailer, where the distributor or retailer is granted the exclusive right to sell the supplier's products or services within a certain territory or market. Exclusive dealing in the digital economy is subject to the same rules as exclusive dealing in traditional markets.

In the EU, exclusive dealing agreements can be considered a violation of competition law if they restrict competition in the market for the products or services in question. The EU commission may investigate and take action against companies engaging in exclusive dealing in the digital economy if it finds that the practice has the effect of restricting competition, creating barriers to entry for new competitors, or limiting consumer choice.

However, it's important to note that exclusive dealing agreements can also have pro-competitive effects, such as improving the quality of the products or services, providing better after-sales service, or promoting the products or services in the market. In these cases, the EU commission will assess the effects of the agreement on the market and if it does not restrict competition, it will not be considered as illegal.

In the digital economy, exclusive dealing can take many forms and the EU commission will analyse each case on its specific characteristics, such as the nature of the product or service, the market conditions and the effects of the agreement on the competition.

Also, it's worth noting that the EU commission has a particular attention towards the digital market and its potential effects on the competition and will continue to monitor and evaluate new developments in this area.