A Framework for Digital Platform Regulation

Competition Law International Vol 17 No 2 December 2021, pp. 95-105

9 Pages Posted: 7 Feb 2022

See all articles by D. Daniel Sokol

D. Daniel Sokol

USC Gould School of Law; USC Marshall School of Business

Date Written: December 2021

Abstract

In rapid succession, a number of jurisdictions have moved away from focusing on antitrust enforcement to the proposed regulation of digital platforms. Ostensibly, the regulatory focus is about competition and potential concerns that traditional ex post enforcement may be ill-equipped to address the power of digital platforms. This article focuses on the realities of what platform regulation might mean, and how to better frame and structure the nature of appropriate regulation. This article first identifies a number of the different approaches to regulation that various jurisdictions have put forward, and then lays out six basic principles for platform regulation to help address some of the potential harms that such approaches may unwittingly be pursuing. Without guiding principles, platform regulation will be counter-productive by destroying the value creating aspects of platforms – stifling innovation, increasing prices and potentially distorting non-price factors of competition such as quality.

Keywords: antitrust, digital regulation, competition, platforms

JEL Classification: K21, L40, M21

Suggested Citation

Sokol, D. Daniel, A Framework for Digital Platform Regulation (December 2021). Competition Law International Vol 17 No 2 December 2021, pp. 95-105, Available at SSRN: https://ssrn.com/abstract=4018455 or http://dx.doi.org/10.2139/ssrn.4018455

D. Daniel Sokol (Contact Author)

USC Gould School of Law ( email )

699 Exposition Boulevard
Los Angeles, CA 90089
United States

USC Marshall School of Business ( email )

701 Exposition Blvd
Los Angeles, CA California 90089
United States

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