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June 14, 2026Zeitschrift für Wettbewerbsrecht0 citations

Decentralised Coordination Order, Market Regulation and Economics: The Perspective of Heike Schweitzer

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WKWolfgang KerberPHPhilipp Hornung

Key Points

  • The research aims to explore Heike Schweitzer's methodological approaches to competition law and market regulation in the digital era.
  • Analysis of Schweitzer's research methodologies on competition law and data policy.
  • Application of economic insights and frameworks such as error costs and market failure theory.
  • Reflections on the influence of the concept of Privatrechtsgesellschaft on market regulation.
  • Identified the significance of Schweitzer's vision for market economy based on individual liberty and competition.
  • Highlighted critical perspectives on market failures in personal data markets and the 'paying with data' phenomenon.
  • Provided policy proposals addressing the need for effective market regulation in the digital economy.

Abstract

Abstract Heike Schweitzer, one of the most influential competition law scholars in Europe, in particular, with regard to the new challenges of the digital economy, passed away much too early in 2024. This paper, written by one of her co-authors and one of her Ph. D. students for the “MaCCI Law and Economics Conference 2025 in memoriam of Heike Schweitzer”, analyses the methodological approach of her highly innovative research on competition law, data policy, and market regulation in the digital era. The paper shows that her research has deep roots in her vision of a market economy, which is based upon private autonomy, individual liberty, and competition within a framework of rules that ensure a well-functioning decentralised coordination order, influenced by Franz Böhm’s concept of Privatrechtsgesellschaft. For the analysis of the need for market regulation and making policy proposals, she applied economic insights and methods in a very reflective way, for example, the error costs approach – with regard to the Art. 102 TFEU guidelines discussion – or market failure theory, which she used in her very innovative and thought-provoking research on substantial failures in markets for personal data, leading to her critical position on the new phenomenon of “paying with data” instead of money in the digital economy.

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Cite This Study

Kerber et al. (2026) studied this question.

synapsesocial.com/papers/6a2e47cdb1cc60ccdea8c2c6https://doi.org/10.15375/zwer-2026-0211
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