Abstract

The Italian legislator has decided to face the challenges of digital markets improving the figure of the abuse of economic dependence through new provisions. This article aims to define the elements of the figure, also considering the Antitrust Authority case studies and the first rulings of administrative jurisprudence. First, it analyses the legal presumption of economic dependence envisaged for digital platforms, attempting an initial identification of the criteria that contribute to define the «decisive role for reaching end users or suppliers». Then, it will be under which conditions the imbalance of rights and obligations affecting a single negotiation relationship can produce anticompetitive effects. Finally, it will be taken into consideration the abusive conducts typified by the legislator, with particular attention to the refusal of the digital platform to provide sufficient information on the quality of the services offered, to understand what limits the Antitrust Authority’s power faces in guaranteeing effectiveness in the fight against «digital abuses», compared to judicial authority’s ones