'I See Something You Don't See'. A Computational Analysis of the Digital Services Act and the Digital Markets Act

vol 6, Stanford Computational Antitrust, 2021

33 Pages Posted: 7 Apr 2021 Last revised: 23 Sep 2021

See all articles by Fabiana Di Porto

Fabiana Di Porto

University of Salento ; Luiss Guido Carli University; Law Faculty, Hebrew University

Tatjana Grote

Algorithmic Disclosure PRIN project, University of Salento

Gabriele Volpi

Algorithmic Disclosure PRIN project, University of Salento

Riccardo Invernizzi

Algorithmic Disclosure PRIN project, University of Salento; University of Pavia - Department of Mathematics; Institute of Advanced Study IUSS

Date Written: May 21, 2021

Abstract

In its latest proposals, the Digital Markets Act (DMA) and Digital Services
Act (DSA), the European Commission puts forward several new obligations for
online intermediaries, especially large online platforms and “gatekeepers.” Both
are expected to serve as a blueprint for regulation in the United States, where
lawmakers have also been investigating competition on digital platforms and new
antitrust laws passed the House Judiciary Committee as of June 11, 2021. This Article
investigates whether all stakeholder groups share the same understanding and use
of the relevant terms and concepts of the DSA and DMA. Leveraging the power of
computational text analysis, we find significant differences in the employment of
terms like “gatekeepers,” “self-preferencing,” “collusion,” and others in the position
papers of the consultation process that informed the drafting of the two latest
Commission proposals. Added to that, sentiment analysis shows that in some cases
these differences also come with dissimilar attitudes. While this may not be
surprising for new concepts such as gatekeepers or self-preferencing, the same is
not true for other terms, like “self-regulatory,” which not only is used differently by
stakeholders but is also viewed more favorably by medium and big companies and
organizations than by small ones. We conclude by sketching out how different
computational text analysis tools, could be combined to provide many helpful
insights for both rulemakers and legal scholars.

Keywords: Digital Services Act, Digital Markets Act, Big Tech, Antitrust, Computational Analysis, Machine Learning, Competition, Gatekeepers, Remedies, Transparency duties

JEL Classification: K21, K24, K42,

Suggested Citation

Di Porto, Fabiana and Grote, Tatjana and Volpi, Gabriele and Invernizzi, Riccardo, 'I See Something You Don't See'. A Computational Analysis of the Digital Services Act and the Digital Markets Act (May 21, 2021). vol 6, Stanford Computational Antitrust, 2021, Available at SSRN: https://ssrn.com/abstract=3780938

Fabiana Di Porto (Contact Author)

University of Salento ( email )

Via per Monteroni
Lecce, Lecce 73100
Italy

Luiss Guido Carli University

Viale Romania
Rome, Roma 00100
Italy

Law Faculty, Hebrew University ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

Tatjana Grote

Algorithmic Disclosure PRIN project, University of Salento ( email )

via Taranto 35
Piazza Tancredi, N.7
Lecce, Lecce 73100
Italy

HOME PAGE: http://www.lawandtechnology.it

Gabriele Volpi

Algorithmic Disclosure PRIN project, University of Salento ( email )

via Taranto 35
Piazza Tancredi, N.7
Lecce, Lecce 73100
Italy

Riccardo Invernizzi

Algorithmic Disclosure PRIN project, University of Salento ( email )

via Taranto 35
Piazza Tancredi, N.7
Lecce, Lecce 73100
Italy

University of Pavia - Department of Mathematics ( email )

Pavia, 27100
Italy

Institute of Advanced Study IUSS ( email )

Italy

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