Competition Law in the E-Commerce Platforms Market Post-Pandemic: A Comparative Analysis of the European Union, China, and Malaysia

Abstract

The COVID-19 pandemic has significantly affected the global economy, resulting in increased digitalisation of commercial businesses. This has contributed positively to the global gross domestic product (GDP) in the post-pandemic era. However, studies have shown that the competition dynamic in the e-commerce platforms market creates new challenges that impact the fundamental rights of digital service users and the level playing field in the digital market. To overcome these challenges, it is crucial to prioritise competition law and policy in supporting digital economic recovery post-pandemic. In line with the ASEAN Economic Community Blueprint and ASEAN Competition Action Plan 2025, Malaysia is part of the broader digital transformation plan in the ASEAN region that aims to standardise competition policies and laws in the digital market. On a regional approach, the European Union adopted the Digital Markets Act which aims to complement existing competition laws codified under Articles 101 to 109 of the Treaty on the Functioning of the European Union to address the competition dynamic in the digital market. In China, the E-commerce Law was enacted in 2019 to complement the Anti-Monopoly Law in addressing the competition challenges in the e-commerce platforms market. In comparison, the competition law framework in the context of e-commerce platforms markets in Malaysia does not have the same level of coordination. This research seeks to compare the general approaches taken in each of these jurisdictions to address fairness and contestability issues in terms of the assessment and enforcement towards enforcing their respective competition laws and policies. The research employs systematic content and qualitative comparative analysis based on relevant laws, reports, and scholarly articles. The analysis will demonstrate that despite the legal developments’ differences in each jurisdiction, it has been significant to address the recent rise of competition issues in the online platforms market to ensure a fairer and more contestable digital market.