After 14 years, the European Court of Justice closed the case against Google’s shopping service on Tuesday. An illustrative example of why EU competitiveness is struggling – as stated in von der Leyen’s policy guidelines 2024-2029 and most recently by Draghi.
Protracted litigation in rapidly evolving digital markets, where big tech can violate competition law and act unfairly for years without consequence, weakens the EU’s competitive vein and therefore increases the need for effective and robust dispute resolution.
For too long, big tech has been able to delay legal processes, appeal to higher courts, forum shop, lobby, exploit legislation and strategies settlements because they have the financial power and legal resources to do so. Few large platforms control key ecosystems in the digital economy.
Therefore, the EU should establish binding final offer arbitration, inspired by Australia, Canada and most recently by the UK. We need effective enforcement mechanisms to resolve disputes with big tech to balance market fairness and efficiency in the rapidly evolving digital economy.
The EU is experiencing significant competitive pressure from global tech giants, so it is of strategic importance to focus on and address this specific imbalance and ensure effective enforcement. General regulation risks creating barriers, not a boost, for European startups and SMEs. Fair competition is a pillar of prosperity and innovation, and in addition to being an industry, the free media plays a crucial role in democratic life, cultural identity and diversity.