Regulating competition in the digital economy With a special focus on platforms
P. 2-28.
This chapter – without any attempt to discuss all issues – sketches a framework for how to address platforms under competition law, i.e. on what levels or dimensions do they conduct their business and compete, what exclusionary unilateral practices are relevant in the digital economy, and, hence, should they be prohibited under competition law when taking into consideration legal and economic theory?
The chapter specifically focuses on the application of competition law vis-à-vis the platforms collecting personal and non-personal data. May competition law be used to gain access to the intermediaries, and the infrastructure around that data? And, may competition law be used to limit the inherent effect of creating strong platforms and ‘hubs’ in the digital economy.
Thereafter, the chapter will raise the issue of sector-specific regulation in the arena of data. Fair commercial terms is not only a disputed issue under ‘general’ competition law, but is also discussed in reference to sector-specific regulations such as the Public Sector Information (PSI) Directive and the eCall Regulation, also in the field of financial services and in reference to e-platforms and the free flow of data.
Indeed, it seems that rules regarding certain conduct by platform providers, regarding for example the use and access of data (ex ante regulations) are currently seeping in as sector- or industry-specific regulations, implying an obligation to either share data or to grant open and somewhat non-discriminatory access to platforms and devices which collect the data.
