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Undeniably widespread and powerful as it is, the Internet is not it can reach as high as the skies ( cloud computing ), but it cannot escape competition. Yet, safeguarding competition in “the network of networks” is not without not only are competitive processes in platform-based industries complex, so is competition law analysis. The latter is often challenged by the difficulties in predicting the outcome of competition, in particular in terms of innovation. Do the specific competition law issues in a digital environment presuppose a reconsideration of competition law concepts and their application? Can current competition law tools be adjusted to the rush pace of dynamic industries? To what extent could competition law be supplemented by regulation – is the latter a foe or rather an ally? This book provides an analysis of recent developments in the most relevant competition law cases in a digital environment on both sides of the Atlantic (the EU and the US) and assesses platform competition issues from a legal as well as an economic point of view.

The refusal to disclose trade secrets was scrutinized by the CFI in Microsoft under the 'exceptional circumstances' test without a deeper analysis of the nature of trade secrecy protection and dynamic competition in Schumpeterian markets. This study explores trade secrecy protection in more detail and - in an effort to promote innovation in cases of compulsory access to a standard technology covered by a trade secret - offers a new legal test. The test suggests the criteria for assessing abusive conduct (Art. 102 TFEU) in Schumpeterian markets which need to be kept contestable and takes into account the dual nature of competition: competition for the market and competition within the market - the analysis which was missed by the CFI and the European Commission due to shortages of on their part applied 'leveraging theory'. Going beyond Microsoft, this study analyses Art. 102 TFEU and, more broadly, the goals of European competition law in light of trade secrets and dynamic competition.