Self-preferencing refers to a business strategy that a company treats preferentially its own product in comparison with its customers’. Such conduct should be in principle allowed, and may be best handled under the framework of refusal to deal, or the essential facility doctrine. However, the competition law practice and the Digital Markets Act in the EU make it as an independent antitrust infringement, and potentially transform digital gatekeepers into common carriers.
By Liyang Hou[1]
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