The Software 'Market'
: Advocating an Alternative Approach to Competition Law Analysis under Article 102 TFEU

  • Anne-Kathrin Kuehnel-Fitchen

Student thesis: Doctoral ThesisDoctor of Philosophy


In examining the more economic approach in relation to the application of Article 102 TFEU to the software industry, this thesis advances and tests the hypothesis that the Commission’s more economic approach as currently formulated and pursued does not lend itself easily to the creation of consistent and coherent competition policy for the software industry. The thesis’ argument is based on the observation that the software industry involves more complexities than are capable of being captured by the static neo-classical economic theory underlying the Commission’s more economic approach in its present form. However, rather than merely advocating the supremacy of non-economic considerations grounded in ‘the law’ over either purely or predominantly considerations of economic efficiency, this thesis not only recognises the general importance of economic theory for competition law analysis but also that the actual integration of economic principles and law enforcement is a matter of degree. In accordance with this acknowledgement that competition law analysis necessitates a nuanced approach which involves the taking into account of both ‘the law’ and insights from economic theory, this thesis analyses the ‘traditional’ market-based approach to the ‘regulation’ of competition and advocates a more dynamic, more sophisticated and holistic approach to the object of regulation.
Date of Award23 May 2012
Original languageEnglish
Awarding Institution
  • Aberystwyth University
SupervisorDiane Rowland (Supervisor) & Christopher Harding (Supervisor)

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