Economic Dependence: A New Frontier in EU Competition Law?

ABSTRACT This paper argues for the recognition of economic dependence as a relevant concept within EU competition law, moving beyond the traditional—yet limited—dominance‐based framework of Article 102 TFEU. Comparative analysis shows that this, or an equivalent concept, is already embedded in the domestic competition regimes of several EU Member States, as well as in Japan and South Korea, to address severe imbalances of bargaining power in vertical commercial relationships that may distort the competitive process below the dominance threshold. Whereas the DMA embodies a regulatory response to forms of collective dependence linked to gatekeepers, its limited scope leaves many problematic scenarios unaddressed. In the context of the ongoing evaluation of Regulation 1/2003, introducing economic dependence at EU level would offer a more comprehensive response to contemporary economic power, in line with EU constitutional values, while enhancing internal coherence and promoting normative convergence with like‐minded democracies.

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Publication Details

Journal
European Law Journal
Published
2026-03-16
DOI
https://doi.org/10.1111/eulj.70025
Primary Topic
EU Law and Policy Analysis
Type
article
Field-Weighted Citation Impact
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article

Economic Dependence: A New Frontier in EU Competition Law?

Jimena Tamayo Velasco
European Law Journal
EU Law and Policy Analysis
article

Economic Dependence: A New Frontier in EU Competition Law?

Jimena Tamayo Velasco
article en

Abstract

ABSTRACT This paper argues for the recognition of economic dependence as a relevant concept within EU competition law, moving beyond the traditional—yet limited—dominance‐based framework of Article 102 TFEU. Comparative analysis shows that this, or an equivalent concept, is already embedded in the domestic competition regimes of several EU Member States, as well as in Japan and South Korea, to address severe imbalances of bargaining power in vertical commercial relationships that may distort the competitive process below the dominance threshold. Whereas the DMA embodies a regulatory response to forms of collective dependence linked to gatekeepers, its limited scope leaves many problematic scenarios unaddressed. In the context of the ongoing evaluation of Regulation 1/2003, introducing economic dependence at EU level would offer a more comprehensive response to contemporary economic power, in line with EU constitutional values, while enhancing internal coherence and promoting normative convergence with like‐minded democracies.

European Law Journal
Universidad de Valladolid (ES)
Peace, Justice and strong institutions
Openalex Percentile: Top 17%
EU Law and Policy Analysis
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Economic Dependence: A New Frontier in EU Competition Law? — Jimena Tamayo Velasco · European Law Journal (2026) | TGRS Research Map | TGRS