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The influence of digital platforms in competition law: an accepted or imposed violation of the law?

Epin, Apollonie LU (2023) JAEM01 20231
Department of Law
Faculty of Law
Abstract
The GAFAM (Google, Apple, Facebook, Amazon and Microsoft) play an important
role in our daily lives as they are always collecting intangible assets, data, and are competing for consumers attention.
These platforms arose, grew faster than their competitors and strengthened their
position to a point where they clearly dominate the market, occupying almost monopolistic positions. Their power and specificity render the appreciation of their position under Competition law and policy, complicated.
The Big Techs are increasingly adopting processes that are harmful to competition.
This is a significant problem that the European Commission (EC) and National
Competition Authorities (NCA) are concerned about. There were successive... (More)
The GAFAM (Google, Apple, Facebook, Amazon and Microsoft) play an important
role in our daily lives as they are always collecting intangible assets, data, and are competing for consumers attention.
These platforms arose, grew faster than their competitors and strengthened their
position to a point where they clearly dominate the market, occupying almost monopolistic positions. Their power and specificity render the appreciation of their position under Competition law and policy, complicated.
The Big Techs are increasingly adopting processes that are harmful to competition.
This is a significant problem that the European Commission (EC) and National
Competition Authorities (NCA) are concerned about. There were successive failures of conviction to regulate their actions and punish the internet giants. Today,
we can talk about an undermining of Competition law and policy when it comes to
regulating the online platforms, and it is even possible to question the efficiency of the Commission and NCAs. The influence of digital platforms in competition law
is such that it raises the question as to whether violations of the law are accepted by the Commission, or imposed by the platforms which tend to become “private regulators”.
Finally, it becomes clear that the emergence of new regulations to deal with the
problems arising from the digital era is a necessity. There is a multiplication of
specific legislation for platforms, such as the entry into force of the Digital Markets Act (DMA). This regulation’s objective is to ‘ensure fair and open digital markets’(1) in the European Union (EU). However, its suitability as a competition tool and potential solution to the ongoing digital anti-competitive issues can be questioned. (Less)
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author
Epin, Apollonie LU
supervisor
organization
course
JAEM01 20231
year
type
H1 - Master's Degree (One Year)
subject
keywords
Competition law, digital platforms, DMA, Digital Markets Act, anti-competitive behavior, efficiency of competition law
language
English
id
9128537
date added to LUP
2023-06-27 10:30:53
date last changed
2024-03-07 13:09:21
@misc{9128537,
  abstract     = {{The GAFAM (Google, Apple, Facebook, Amazon and Microsoft) play an important 
role in our daily lives as they are always collecting intangible assets, data, and are competing for consumers attention. 
These platforms arose, grew faster than their competitors and strengthened their 
position to a point where they clearly dominate the market, occupying almost monopolistic positions. Their power and specificity render the appreciation of their position under Competition law and policy, complicated. 
The Big Techs are increasingly adopting processes that are harmful to competition. 
This is a significant problem that the European Commission (EC) and National 
Competition Authorities (NCA) are concerned about. There were successive failures of conviction to regulate their actions and punish the internet giants. Today, 
we can talk about an undermining of Competition law and policy when it comes to 
regulating the online platforms, and it is even possible to question the efficiency of the Commission and NCAs. The influence of digital platforms in competition law 
is such that it raises the question as to whether violations of the law are accepted by the Commission, or imposed by the platforms which tend to become “private regulators”. 
Finally, it becomes clear that the emergence of new regulations to deal with the 
problems arising from the digital era is a necessity. There is a multiplication of 
specific legislation for platforms, such as the entry into force of the Digital Markets Act (DMA). This regulation’s objective is to ‘ensure fair and open digital markets’(1) in the European Union (EU). However, its suitability as a competition tool and potential solution to the ongoing digital anti-competitive issues can be questioned.}},
  author       = {{Epin, Apollonie}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{The influence of digital platforms in competition law: an accepted or imposed violation of the law?}},
  year         = {{2023}},
}