Who (and why) gets cited by the Commission? The role and quality of expert knowledge in Google antitrust saga

Abstract

ABSTRACT The aim of this article is to examine the role that expert knowledge plays in the Commission’s decisions concerning digital economy. I propose a typology of functions served by these types of sources based on an analysis of references in the Commission’s decisions against Google: first, providing evidence about the history of technological development and the changes on digital markets; second, explaining the way digital technologies and markets work; third, justifying authoritative claims about digital technologies and digital markets’ characteristics; and fourth, illustrating the story with data on the usage of digital technologies and the shape of digital markets. While these types of sources are important in building “the body of evidence” which helps the Commission to tell the story of competition harm in the area of digital economy, there are situations in which their quality raises concerns in the light of the requirements for evidence.