Reconciling Private Market Governance and Law: A Policy Primer for Digital Platforms

32 Pages Posted: 16 Jun 2018

See all articles by Brian Williamson

Brian Williamson

Communications Chambers

Mark Bunting

Oxford Internet Institute; Communications Chambers

Date Written: May 1, 2018

Abstract

This paper considers the development of digital platforms, their economic role and the policy approach which should apply to them. Digital platforms are heterogeneous, so no flavour of ‘platform regulation’ is likely to be appropriate across all platforms, whilst horizontal laws apply to platform and other business models alike. However, a unifying theme in relation to platforms is that they provide market governance via codes of conduct and software code. Rather than thinking of law as something that should simply be imposed on the market, we should therefore search for an accommodation or balance between law and 'code', given that they both provide governance.

Keywords: Digital Platforms Policy, Digital Economy, Competition Policy for Online Platforms, Multisided Platforms

JEL Classification: D04, D21, D22, D43, D78, K21, L13, L26, L51, O31

Suggested Citation

Williamson, Brian and Bunting, Mark, Reconciling Private Market Governance and Law: A Policy Primer for Digital Platforms (May 1, 2018). Available at SSRN: https://ssrn.com/abstract=3188937 or http://dx.doi.org/10.2139/ssrn.3188937

Brian Williamson (Contact Author)

Communications Chambers ( email )

London
United Kingdom

HOME PAGE: http://www.commcham.com

Mark Bunting

Oxford Internet Institute ( email )

36 Outram Road
London, N22 7AF
United Kingdom

Communications Chambers ( email )

3 Oakthorpe Road
Oxford, OX2 7BD
United Kingdom

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