Principle of legal certainty in addressing novel anticompetitive abuses of a dominant position in the digital economy : What should the role of antitrust authorities be in imposing fines?

Enforcing EU Law at the National Level : EU General Principles and the Imposition of Fines / edited by Dawid Miąsik. Abingdon, Oxon ; New York : Routledge, 2026, s. 309-322.

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?

This research was funded in whole by the National Science Center, Poland (No. 2021/43/B/HS5/01252).