COMPETITION LEGISLATION TOWARDS DIGITAL PLATFORMS: CHOICE BETWEEN ANTITRUST AND REGULATION

IF 0.2 Q4 PUBLIC ADMINISTRATION

Voprosy Gosudarstvennogo i Munitsipalnogo Upravleniya-Public Administration Issues Pub Date : 2022-01-01 DOI:10.17323/1999-5431-2022-0-3-61-86

S. Avdasheva, G. Yusupova, D. Korneeva

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引用次数: 1

Abstract

The article analyzes recent developments in competition policy regarding digital platforms and their ecosystems. The goal is to evaluate the newly adopted laws and their drafts in the light of experience in regulating essential facilities (natural monopolies in the network industries). We contrast the arguments and suggestions of recent academic and expert publications with evaluation of the effects of non-discriminatory access enforcement. Both ex-post antitrust enforcement and ex-ante regulation regarding digital platforms have their own limitations. Proponents of wider application of ex-ante regulatory rules underestimate and often neglect regulatory cost as well as negative externalities of regulatory interventions. Empirical evaluation of regulatory effects during three decades shows that both costs and negative externalities are likely and relatively high. At the same time, recent academic and expert discussion underestimate the opportunities to develop targeted norms that would provide clients of digital platforms with additional rights and opportunities, and restrict market power of platforms without specific ex-ante regulation.

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针对数字平台的竞争立法:反垄断与监管之间的选择

本文分析了数字平台及其生态系统竞争政策的最新发展。目的是根据管理基本设施(网络行业的自然垄断)的经验，评价新通过的法律及其草案。我们将最近的学术和专家出版物的论点和建议与对非歧视性准入执法效果的评估进行对比。数字平台的事后反垄断执法和事前监管都有其局限性。支持更广泛应用事前监管规则的人低估并往往忽视了监管成本以及监管干预的负面外部性。对三十年来监管效果的实证评估表明，成本和负外部性都是可能的，而且相对较高。与此同时，最近的学术和专家讨论低估了制定有针对性的规范的机会，这些规范将为数字平台的客户提供额外的权利和机会，并在没有具体事前监管的情况下限制平台的市场力量。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Voprosy Gosudarstvennogo i Munitsipalnogo Upravleniya-Public Administration Issues PUBLIC ADMINISTRATION-

CiteScore

1.10

自引率

33.30%

发文量

期刊介绍： PUBLIC ADMINISTRATION ISSUES is a scientific peer-reviewed journal published by the National Research University High School of Economics (NRU HSE).The journal is published quarterly in Russian, and contains original articles by Russian and foreign authors. In addition, a special English language issue containing original articles by Russian and foreign authors has been published since 2014. The editorial board consists of leading Russian and foreign scientists in the field of public administration as well as prominent practitioners. The journal is indexed in the international databases: Scopus, RePEc, EBSCOand the Russian Science Citation Index (RSCI) on the platform of Web of Science. In addition, the journal is on the list of key peer-reviewed scientific journals and publications that the Higher Certification (Attestation) Commission in the RF Education Ministry recommends for publishing the main scientific results of theses for PhD and doctoral degrees in Economics, Sociology and Law. The journal focuses on the following subject areas: − Current theories of public administration. − Theoretical fundamentals of economic and social policy − Factors and Assessment of efficiency in public and municipal administration. − Innovations in the system of public and municipal administration. − Planning and forecasting in the system of public and municipal administration. − Staff of the state and municipal service. Management of personnel in public and municipal bodies and in organizations of the public sectors. − Financial, logistical and information resources of the state and municipalities. − Public service. − Functional features of public sector organizations. − Partnership of the state and municipalities with nongovernmental nonprofit organizations. Economic and administrative challenges facing “third sector.” - Development of education programs on public administration.