Artificial Intelligence and Competition Law. A Computational Analysis of the DMA and DSA

Concurrences, 3 (2021)

8 Pages Posted: 28 Sep 2021

See all articles by Fabiana Di Porto

Fabiana Di Porto

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

Date Written: September 10, 2021

Abstract

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

JEL Classification: K21, K24, K42

Suggested Citation

Di Porto, Fabiana, Artificial Intelligence and Competition Law. A Computational Analysis of the DMA and DSA (September 10, 2021). Concurrences, 3 (2021), Available at SSRN: https://ssrn.com/abstract=3929335

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

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