On the new economic freedoms. Problems and prospects of the digital market between competition, new assets and autonomy negotiations
Journal title DIRITTO COSTITUZIONALE
Author/s Elisabetta Errigo
Publishing Year 2023 Issue 2023/1 Language Italian
Pages 27 P. 55-81 File size 259 KB
DOI 10.3280/DC2023-001004
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Technological innovation has transformed the market, reduced the barriers of trade and emphasized the potential of the classic economic freedoms. The emergence of new economic operators, the spread of digital platforms, the collection of large amounts of personal data are just some of the effects of technological innovation on the digital market. In this context, the relationship between new technologies, the freedom of enterprise and the protection of fundamental freedoms takes on new contours and opens complex questions which affect, in particular, competition and the protection of network end users. Therefore, free «digital» market economy forces a renewed reflection of the traditional rules governing market in order to verify whether it is possible to adapt them to the peculiarities of digital contexts. In such perspective, the art. 41 Cost. in regulating the free economic initiative, setting at the same time the limits, constitutes a sure foundation for the construction of a jus mercatorum of Internet and new technologies.
Keywords: Antitrust, Economic freedoms, Autonomy negotiations, Competition, Digital market, Digital platforms, New legal right, Antitrust.
Elisabetta Errigo, Sulle nuove libertà economiche. Criticità e prospettive del mercato digitale tra concorrenza, nuovi beni e autonomia negoziale in "DIRITTO COSTITUZIONALE" 1/2023, pp 55-81, DOI: 10.3280/DC2023-001004