ABSTRACT

This chapter analyzes the application of the principle of legal certainty in a specific context: the interpretation and application of competition rules to novel anticompetitive practices in the digital economy. It elaborates on the issues discussed in Chapter 4. This chapter offers an insight into the working of this general principle of EU law at the practical level. It examines the dilemmas that the competition authorities and courts face: should a fine be imposed for a conduct that is not clearly prohibited by the provisions of competition law and that has never been previously considered to be anticompetitive?