Chapter 1. Introduction: Regulating Digital Platforms: Shall we, shall we not?

Abstract

The invisible hand of innovation sustains the comforts of modern day life. Digital intermediaries, such as search engines, social and professional networking platforms, are a key player in the digital ecosystem. When the internet was still in its infancy, jurisdictions worldwide, including the EU as well as the US, decided to offer them an immunity. This offered intermediaries an assurance that they shall not be held liable for allegedly infringing content available on their platforms. The approach had its positive effects, as various platforms emerged and flourished over time. As the platform economy progressed, and notably with the rise of the big data, and complex algorithms, that could now make meaningful interpretations and insights from the data generated therein, platforms saw increasing value in the data gathered (and the information available therein). The question confronting regulators worldwide is whether the time is not ripe to regulate these digital platforms. This introduction chapter to the book, 'Digital Platforms, Competition Law, and Regulation' offers an overview of the contributions in the book. Part 1 of the book offers a detailed inter-disciplinary perspective on the most recent legislative solutions in the European Union, namely, the Digital Services Act, the Digital Markets Act, and the Data Act. Part 2 of the book offers competition and regulatory responses to these ever-emerging digital challenges by the UK, Latin American, Indian and Chinese regulators. The book provides a rigorous discussion of the many reasons why the regulatory responses, not just in Europe but in other jurisdictions too, may fall short. It addresses an array of procedural, substantive and other issues that are generating intense debate across the antitrust community. This includes the scope and objectives of digital regulation, whether the application of ex-ante rules would result in fragmentation and inconsistencies, and whether such regulatory regimes are an appropriate tool for substantive assessment. The book explores whether the application of these rules would effectively tackle the competition enforcement challenges seen under the competition laws, whether they can be applied without undermining other rights such as privacy, and whether they are appropriate for this digital age as well as the new digital era ahead of us. Open access link: https://www.bloomsbury.com/uk/digital-platforms-competition-law-and-regulation-9781509969388/

Keywords: digital platforms; competition; regulation