scholarly journals The Evolution of Antitrust Regulation in Russia in Digital Era

2020 ◽  
Vol 1 (4) ◽  
pp. 38-55
Author(s):  
Ksenia V. Tarkhova ◽  
Vladislav I. Alifirov ◽  
Olga N. Gorokhova

The article includes a comprehensive analysis of changes that have been taking place in Russian antitrust enforcement in response to the digitalization of the economy. Digitalization has led to increase of the role of information and digital platforms in day-to-day business activities of the market players. Digitalization vanished geographical boundaries of the digital markets and modified market structures in general. Innovative technologies, big data, and intellectual property have become the key drivers of economic growth. The authors analyze new violations of antimonopoly legislation in the digital era (in particular collusive tendering using auction robots), the anticompetitive effects resulting from the use of pricing algorithms, and the first approaches of the antitrust authority to regulations of the algorithmic pricing. In addition, within the framework of this article, the first legal positions of the antitrust authority regarding the use of pricing algorithms, as well as the new approaches of the regulator to the analysis of digital markets in merger control are considered, taking into account such factors as network effects, big data and technologies. Moreover, the authors analyze the first practice of using the technology transfer as a remedy in merger control by the antitrust authority to mitigate anti-competitive effects of the transactions planned in the Russian market. Finally, the authors conduct an overview of the new legal provisions governing the mandatory pre-installation of applications by Russian developers, and also describe the background for this initiative. When considering the above topics, the authors deeply analyze the relevant Russian and foreign legislation, draft laws, and the law enforcement practice of the Federal Antimonopoly Service. New approaches of the regulator to the analysis of digital markets in the framework of antitrust investigations and merger control, as well as automation of the processes of detecting antitrust violations, demand more attention from market players. Companies are encouraged to take these trends into account in their business activities, reflect them in antitrust compliance programs, as well as implement additional measures to prevent potential antitrust violations in digital markets, in particular, committed with the use of pricing algorithms.

Author(s):  
A. G. Atanasian

The realities of digital economy make international competition community to face chal- lenges that require rapid adaptation. Effects of large hi-tech companies’ activity are still too hard to witness and to forecast. It is, however, obvious now that not only informa- tion, but also infringements of antimonopoly legislation are spreading at the speed of sound. This paper observes such important for antimonopoly regulation phenomena, as big data, digital platforms and network effects, sharing economy.


Author(s):  
Андрій Юрійович Семеног

The review of scholarly literature, analytical centers and international organizations reports evidence the growing role of digital platforms in transformation of business models of the past, shaping major trends in the digital economy development and relationships with various economic actors. However, the use of big data and the network effect poses serious risks to the existence of non-digital companies enhancing the relevance of the research on the factors and methods of platform influence upon the transformation of economic relations in Ukraine. The research methodology employed such general scientific methods as analysis and synthesis, analogy, logical and systemic approaches, and grouping. The study reveals the essence of digital platforms as the disruptors of classic business models. The key factors that allow digital platforms to capture market niches quickly are identified. Among them are active use of big data, algorithm development, network effects, cash flow from small transactions, evasion of rules and conditions, elimination of redundant actions and mediation, impeccable customer experience and the network leverage effect. The prerequisite for the platform transformational success is generating a new value to customers through financial savings, new experience and opportunities to participate in the creation of personal products and services. The study provides insights on the nature, structure, characteristics and models of digital platform ecosystems. It is argued that the most successful platforms build ecosystems that bring together companies, capital, communities, networks, people, data analysis and technology to create “disruptive” business models that might be a potential threat to the “survival” of non-digital businesses and the source of imbalance to the established economic order. Thus, a factor of “creative destruction” contributes to the emergence of new sources of economic growth. The complexity of identifying the effect from the development of digital platforms ecosystems offers implications for setting further research areas.


2021 ◽  
Vol 16 (1) ◽  
pp. 111-119
Author(s):  
M. A. Egorova ◽  
E. S. Khokhlov

The paper raises a number of issues related to the analysis of the state of competition in commodity markets in modern conditions. In particular, the specifics of defining the market in relation to differentiated goods, multilateral markets and digital platforms, and innovative products are considered in detail. In the context of informatization and the dynamic development of the digital economy, big data is the most important resource ofmany large companies and, accordingly, there are many antitrust aspects of their use. The paper describes the role of big data in market analysis, including situations in which it can lead to anticompetitive harm, as well as its impact on consumer rights. The paper analyzes approaches to the state of competition in the market, taking into account such phenomena as the digital economy, network effects and big data. However, it is noted that at present, the most common is a full-fledged economic analysis, which weighs the positive and negative consequences actions of business entities in the market. The authors conclude that traditional market analysis tools are not always able to assess the state of competition properly. In addition, it is emphasized that in the absence of unequivocal answers to the challenges of the digital economy in the field of market analysis, there is a need for further scientific research on a number of problems in analyzing the state of competition in product markets.


2021 ◽  
pp. 5-16
Author(s):  
Elena V. Burdina ◽  

Formulation of the Problem. The concept of the court as a platform marks a new direction in the study of the problems of the organization and functioning of judicial systems. The idea of «court as a platform» needs scientific argumentation, which will allow building the theory of legal regulation of digital platforms in the activities of courts. Purpose of the Work: to identify the theoretical and methodological foundations of the platform model of the organization of the judicial system and its main characteristics, as well as to formulate the prospects for the development of judicial platforms in the digital era. Results, Brief Conclusions. The principle «state as a platform» reveals one of the principles of interaction of the digital state with the population and business and serves as a worldview basis for understanding the essence of the platform model of the judicial system. The article argues that the judicial platform is a form of manifestation of the judiciary in the digital environment. The projects of its legal regulation are analyzed. A new stage in the evolution of the judicial system is associated with the introduction of judicial platforms, since the basic judicial institutions are being transformed. An overview of the prospects for the development of the platform model of the organization of the judicial system is given.


2020 ◽  
Vol 16 (5) ◽  
pp. 800-821
Author(s):  
E.V. Popov ◽  
K.A. Semyachkov

Subject. The article addresses economic relations that are formed in various areas of economic application of digital platforms. The target of the research is the modern economy of digital platforms across different economic activities. Objectives. The aim is to systematize principles for share economy formation in the context of the digital society development. Methods. We employ general scientific methods of research. Results. The study shows that the development of digital platforms is one of the most important trends in the development of the modern economy. We classified certain characteristic features of modern digital platforms, analyzed principles for their creation. The paper emphasizes that the network effects achieved through the use of digital platforms are an important factor in the development of the share economy. The network effect describes the impact of the number of the platform users on the value created for each of them. The paper also considers differences in the organization of traditional economy companies and companies that are based on the digital platform model, reveals specifics of changes in socio-economic systems caused by the development of digital platforms, systematizes principles of the sharing economy formation in the context of the digital society development. Conclusions. The analyzed principles for sharing economy development on the basis of digital platforms can be applied to create models for the purpose of forecasting the transformation of economic activity in the post-industrial society.


Author(s):  
Toshiaki Takigawa

ABSTRACT This article examines antitrust issues concerning digital platforms equipped with big data. Recent initiatives by the Japanese competition agency are highlighted, comparing them with those by the USA and EU competition authorities. First examined is whether competition among platforms would result in a select few super platforms with market power, concluding that AI with machine learning has augmented the power of super platforms with strong AI-capability, leading to increased importance of merger control over acquisitions by platforms. Next scrutinized is the argument for utility-regulation to be imposed on super platforms, concluding that wide support is limited to data portability, leaving competition law as the key tool for addressing super platforms, its core tool being the provision against exclusionary conduct, enforcement of which, initially, concerns whether to order super platforms to render their data accessible to their rivals. Passive refusal-to-share data needs to be scrutinized under the essential facility doctrine. Beyond passive refusal, platforms’ exclusionary conduct requires competition agencies to weigh the conduct’s exclusionary effects against its efficiency effects. Finally addressed is exploitative abuse, explaining its relation to consumer protection, concluding that competition law enforcement on exploitative abuse should be minimized, since it accompanies risk of over-enforcement.


2021 ◽  
Vol 21 (1) ◽  
pp. 128-147
Author(s):  
Aleksey Zazdravnykh

The article analyzes the practical aspects of the functioning of some barriers to entry in the era of digital transformation of industry markets. It is noted that under the influence of digitalization processes, both positive changes in the mechanism of market operation are recorded, as well as a number of negative circumstances that have become a serious challenge for antitrust agencies. Control of big data, initial investment in digital infrastructure, and broad technological capabilities of digital blocking of users, against the background of powerful network effects and pronounced economies of scale, carry the potential for significant growth in the market power of individual firms. The article substantiates that such trends theoretically pose a significant threat to competition, and can form new types of entry barriers. At the same time, practical arguments are presented that indicate the ambiguity of this position.


2018 ◽  
Vol 5 (2) ◽  
pp. 205395171881184 ◽  
Author(s):  
Petter Törnberg ◽  
Anton Törnberg

This paper reviews the contemporary discussion on the epistemological and ontological effects of Big Data within social science, observing an increased focus on relationality and complexity, and a tendency to naturalize social phenomena. The epistemic limits of this emerging computational paradigm are outlined through a comparison with the discussions in the early days of digitalization, when digital technology was primarily seen through the lens of dematerialization, and as part of the larger processes of “postmodernity”. Since then, the online landscape has become increasingly centralized, and the “liquidity” of dematerialized technology has come to empower online platforms in shaping the conditions for human behavior. This contrast between the contemporary epistemological currents and the previous philosophical discussions brings to the fore contradictions within the study of digital social life: While qualitative change has become increasingly dominant, the focus has gone towards quantitative methods; while the platforms have become empowered to shape social behavior, the focus has gone from social context to naturalizing social patterns; while meaning is increasingly contested and fragmented, the role of hermeneutics has diminished; while platforms have become power hubs pursuing their interests through sophisticated data manipulation, the data they provide is increasingly trusted to hold the keys to understanding social life. These contradictions, we argue, are partially the result of a lack of philosophical discussion on the nature of social reality in the digital era; only from a firm metatheoretical perspective can we avoid forgetting the reality of the system under study as we are affected by the powerful social life of Big Data.


2017 ◽  
Vol 6 (2) ◽  
pp. 12
Author(s):  
Abhith Pallegar

The objective of the paper is to elucidate how interconnected biological systems can be better mapped and understood using the rapidly growing area of Big Data. We can harness network efficiencies by analyzing diverse medical data and probe how we can effectively lower the economic cost of finding cures for rare diseases. Most rare diseases are due to genetic abnormalities, many forms of cancers develop due to genetic mutations. Finding cures for rare diseases requires us to understand the biology and biological processes of the human body. In this paper, we explore what the historical shift of focus from pharmacology to biotechnology means for accelerating biomedical solutions. With biotechnology playing a leading role in the field of medical research, we explore how network efficiencies can be harnessed by strengthening the existing knowledge base. Studying rare or orphan diseases provides rich observable statistical data that can be leveraged for finding solutions. Network effects can be squeezed from working with diverse data sets that enables us to generate the highest quality medical knowledge with the fewest resources. This paper examines gene manipulation technologies like Clustered Regularly Interspaced Short Palindromic Repeats (CRISPR) that can prevent diseases of genetic variety. We further explore the role of the emerging field of Big Data in analyzing large quantities of medical data with the rapid growth of computing power and some of the network efficiencies gained from this endeavor. 


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