Effective Digital Remedies in the EU: Unwinding Accumulated Advantages - World Competition View Effective Digital Remedies in the EU: Unwinding Accumulated Advantages by - World Competition Effective Digital Remedies in the EU: Unwinding Accumulated Advantages 49 2

This article reflects on the meaning of ‘effective remedies’ in digital cases and on how competition authorities might design interventions that restore undistorted competition in the presence of network, data or behavioural advantages. Building on the legal framework of Regulation 1/ 2003 and the ECN+ Directive, it argues that the decisive criterion is effectiveness – understood as bringing the infringement to an end, restoring competitive conditions and ensuring future compliance – while proportionality operates as a constraint but cannot justify remedies that leave competitive harm or advantage largely intact. The analysis makes the case for a restorative and forward-looking approach to remedy design, and suggest to consider unwinding accumulated advantages rather than merely ordering the unlawful conduct to stop. It also discusses innovations in terms of process, such as iterative and market-tested remedies, or the use of external advisors, that might help align remedial practice with the principle of effectiveness.

World Competition