General perspectives on competition policy and the application of traditional tools for the digital economy

To date, world antitrust and regulatory agencies have invariably described large technology companies—such as Google, Amazon, Microsoft, Apple, and Facebook—as dominant, bottleneck or gatekeeping companies comparable to the textbook monopolists of the early twentieth century. They have proceeded on this basis to discipline their business activities with unprecedented financial penalties and other regulatory obligations. This “techlash” is the subject of this book. Proceeding from the observation that big tech firms engage in both monopoly and oligopoly competition across digital markets, the book introduces a theory of moligopoly competition. It suggests that rivalry-spirited antitrust and regulatory laws are both conceptually and methodologically impervious to the competitive pressure that bears on big tech firms, resulting in a risk of well-intended but irrelevant policy intervention. The book proposes a refocusing of competition policy towards certain types of tipped markets where digital firms extract monopoly rents, and careful adoption of regulation toward other social harms generated by big tech’s business models.

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Retrospect and Prospect

The Evolution of Competition Law in New Zealand ◽

10.1093/oso/9780198855606.003.0010 ◽

2020 ◽

pp. 289-302

Author(s):

Rex Ahdar

Keyword(s):

New Zealand ◽

Environmental Impacts ◽

Competition Policy ◽

New Technologies ◽

Competition Law ◽

Digital Economy ◽

Chinese Investment ◽

Future Developments ◽

And Control ◽

Modern Era

This chapter looks back upon the modern era and speculates on future developments. As a modern competition statue, the Commerce Act 1986 stands up well in both substance and form and, overall, can be adjudged to be a success. The courts have battled valiantly to determine often complex disputes in a way that is mostly in harmony with the Act’s objective. A respectable body of antitrust jurisprudence has accumulated in just over three decades. Some challenges faced by NZ competition policy designers and enforcement agencies are generic in nature, being issues facing all antitrust jurisdictions. Common challenges include: (a) greater harmonization of competition law internationally and increased co-operation between enforcement authorities; (b) the challenge posed by the digital economy and new technologies; (c) a renewed concern with “fairness” and socio-political considerations, and; (d) inclusion of new factors such as environmental impacts. Other matters are more specific to New Zealand and include: (i) the response to greater Chinese investment and control (Sinicization) of the economy, and; (ii) the possible accommodation of indigenous Maori business enterprises.

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Emerging questions about merger notification and the Canadian response

Journal of Antitrust Enforcement ◽

10.1093/jaenfo/jnaa002 ◽

2020 ◽

Vol 8 (1) ◽

pp. 1-9

Author(s):

Keldon Bester ◽

Jacqueline Byers

Keyword(s):

Public Interest ◽

Competitive Analysis ◽

Competition Policy ◽

Digital Economy ◽

International Competition

Abstract Amid a global uptick in public interest in competition policy, questions have emerged about the fitness of tools available to international competition authorities, particularly in relation to the digital economy. Treatment of mergers has come under increased scrutiny, and while the competitive analysis of mergers is a rich vein of debate, equally important is the question of which mergers competition authorities decide to analyse at all. We provide a brief overview of the Canadian approach to pre-merger notification, the emerging challenges associated with but not limited to the digital economy, and the Canadian response thus far.

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Digital economyand competition policy

Russian competition law and economy ◽

10.32686/2542-0259-2018-1-36-41 ◽

2018 ◽

pp. 36-41

Author(s):

A. G. Atanasian

Keyword(s):

Big Data ◽

Speed Of Sound ◽

Competition Policy ◽

Network Effects ◽

Sharing Economy ◽

Digital Economy ◽

International Competition ◽

Rapid Adaptation ◽

Digital Platforms ◽

Adaptation Effects

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.

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Competition Law and the Digital Economy in the UK and Beyond

The UK Competition Regime ◽

10.1093/oso/9780198868026.003.0014 ◽

2021 ◽

pp. 359-388

Author(s):

Liza Lovdahl Gormsen

Keyword(s):

Competition Policy ◽

Competition Law ◽

Digital Economy ◽

The Novel ◽

Online Platforms ◽

Global Companies ◽

The Government ◽

The Uk ◽

Lock In

In Chapter 14, Liza Lovdahl Gormsen considers the contemporaneous debate on how best to address aspects of the interaction between competition law and the digital economy. She stressed that data is the pinnacle of the digital economy. It has fuelled amazing innovations in all sectors of the economy, but the accumulation of data in the hands of a few global companies may lead to lock-in, bottleneck issues, and leverage. The chapter notes that according to the report Unlocking Digital Competition, which was prepared for the UK Treasury, competition policy will need to be updated to address the novel challenges posed by the digital economy. Some of these updates can happen within current powers, but legal changes are important to ensure that this job can be done effectively. The Competition and Markets Authority’s market study on Online Platforms and Digital Advertising recommends establishing a Digital Markets Unit and ex ante regulation as a possible way forward. Building on the outputs from the Furman Review, the government asked the CMA to lead a Digital Markets Taskforce. In December 2020, the latter published its advice, A New Pro-competition Regime for Digital Markets, where it sets out the role of the Digital Markets Unit and an overview of its proposed regulatory framework for digital firms. This chapter looks at some of the challenges for UK competition policy in digital markets, in particular in relation to data, enforcement, and regulation. It also touches upon some of the potential issues that the UK faces in the digital economy following Brexit.

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