TY - JOUR
T1 - Ensuring contestability and fairness in digital markets through regulation
T2 - a comparative analysis of the EU, UK and US approaches
AU - Tombal, Thomas
N1 - Funding Information:
This work was undertaken in the context of the Digital Legal Studies research initiative, which is funded through the Law Sector Plan of the Dutch Ministry of Education, Culture and Science (OCW). We would also like to thank Prof. Dr. Giorgio Monti, Dr. Inge Graef, Jasper Van den Boom and our other colleagues at TILT for their valuable comments on the earlier versions of the manuscript.
Publisher Copyright:
© 2022 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group.
PY - 2022/2/2
Y1 - 2022/2/2
N2 - In a society where individuals increasingly spend time on the internet, large online platforms have become, for many, unavoidable actors. As it is increasingly argued that competition policy alone cannot address all the systemic problems that they create in digital markets where quick reactions are indispensable, there seems to be a consensus across the globe that legislative action must be taken against a specific sub-set of these large online platforms in order to foster contestability and fairness. This contribution aims to analyse how the EU, UK and US legislators intend to do so through regulation. First, the scope of the digital platforms that would be subject to these regulatory initiatives, and the potential discrepancies in this regard, will be clarified. Then, the general approach and options taken in each of these jurisdictions to address this dependence issue will be outlined. Finally, the main discrepancies between these different approaches will be summarized.
AB - In a society where individuals increasingly spend time on the internet, large online platforms have become, for many, unavoidable actors. As it is increasingly argued that competition policy alone cannot address all the systemic problems that they create in digital markets where quick reactions are indispensable, there seems to be a consensus across the globe that legislative action must be taken against a specific sub-set of these large online platforms in order to foster contestability and fairness. This contribution aims to analyse how the EU, UK and US legislators intend to do so through regulation. First, the scope of the digital platforms that would be subject to these regulatory initiatives, and the potential discrepancies in this regard, will be clarified. Then, the general approach and options taken in each of these jurisdictions to address this dependence issue will be outlined. Finally, the main discrepancies between these different approaches will be summarized.
KW - Comparative analysis
KW - Contestability
KW - DMA
KW - Gatekeepers
KW - Strategic market status
UR - http://www.scopus.com/inward/record.url?scp=85124261354&partnerID=8YFLogxK
U2 - 10.1080/17441056.2022.2034331
DO - 10.1080/17441056.2022.2034331
M3 - Article
SN - 1744-1056
VL - 18
SP - 468
EP - 500
JO - European Competition Journal
JF - European Competition Journal
IS - 3
ER -