数字化对高新技术产业反垄断监管和经济集中度控制的影响

IF 0.1 Q4 LAW
M. Egorova, A. Petrov, O. Kozhevina
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引用次数: 0

摘要

本文讨论了在数字商业环境中保护和监管市场竞争的热门问题。作者指出,规章制度和执法制度应灵活地结合起来,协调一致,以便制定适当的措施,促进公平竞争。从适应俄罗斯实践的角度出发,本文研究了国外反垄断机构在监管在线市场、价格算法和并购方面的经验。高科技行业尤其活跃。在这方面,作者提请注意,在数字需求经济中,垄断、竞争的过程持续存在,但其内容发生了变化,这使得对垄断、支配、竞争的分析和评估变得复杂。反竞争行为可能导致单一平台的主导地位。数字平台主导地位的迹象正在显现。基于监管和法律途径,本文总结了俄罗斯和国外限定经济集中度和主导地位的经验,找出了导致反垄断机构对数字平台监管控制扩大的负面因素。详细研究了数字平台的法律性质、直接和间接网络效应。事实证明,算法在横向和纵向协议中都可以作为共谋工具。从经济学研究方法的角度,对数字经济中反垄断机构主导地位的评估进行了概述,指出已经为平台经济的形成创造了先决条件。考虑了俄罗斯、欧盟和美国与数字平台相关的反垄断政策的特点。研究认为,近年来,反垄断立法已成为不同司法管辖区层面的有力监管工具。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Impact of digitalization on antitrust regulation and control over economic concentration in the high-tech sector
The article discusses topical issues of protection and regulation of competition in the markets in the digital business environment. The authors noted that the systems of regulation and law enforcement should be flexibly combined, harmonized in order to develop adequate measures to stimulate fair competition. From the standpoint of adaptation to Russian practice, the foreign experience of the antimonopoly authorities in terms of regulating online markets, price algorithms, and mergers and acquisitions has been studied. The high-tech sector is particularly dynamic. In this regard, the authors draw attention to the fact that in the digital economy of demand, the processes of monopolization, competition persist, but their content is transformed, which complicates the analysis and assessment of monopolization, dominance, competition. Anticompetitive practices can lead to the dominance of a single platform. The signs of the dominant position of digital platforms are revealed. Based on the regulatory and legal approach, the article summarizes the Russian and foreign experience of qualifying economic concentration and dominant position, identifies negative factors that cause the expansion of regulatory control of antimonopoly authorities over digital platforms. The legal nature of digital platforms, direct and indirect network effects have been studied in detail. It has been proven that algorithms can serve as collusion tools in both horizontal and vertical agreements. From the standpoint of economic research methods, an overview of the assessment of the dominant position of antimonopoly authorities in the digital economy is carried out, it is noted that the preconditions have been created for the formation of a platform economy. The features of the antitrust policy in relation to digital platforms in Russia, the European Union and the United States are considered. It is concluded that antitrust legislation in recent years has become a powerful regulatory tool at the level of different jurisdictions.
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来源期刊
CiteScore
0.30
自引率
50.00%
发文量
18
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