Economic Dependence: A New Frontier in EU Competition Law?

Abstract

This paper argues for the recognition of economic dependence as a relevant concept within EU competition law, moving beyond the traditional—yet limited—dominance-based framework of Article 102 TFEU. Comparative analysis shows that this, or an equivalent concept, is already embedded in the domestic competition regimes of several EU Member States, as well as in Japan and South Korea, to address severe imbalances of bargaining power in vertical commercial relationships that may distort the competitive process below the dominance threshold. Whereas the DMA embodies a regulatory response to forms of collective dependence linked to gatekeepers, its limited scope leaves many problematic scenarios unaddressed. In the context of the ongoing evaluation of Regulation 1/2003, introducing economic dependence at EU level would offer a more comprehensive response to contemporary economic power, in line with EU constitutional values, while enhancing internal coherence and promoting normative convergence with like-minded democracies.