Regulation and Competition in Digital Ecosystems: Some Missing Pieces

Network Law Review, July 20, 2023

Following her participation at the first annual Dynamic Competition Initiative Symposium, Analysis Group Senior Advisor Eliana Garces contributed a paper titled “Regulation and Competition in Digital Ecosystems: Some Missing Pieces” to the Network Law Review. In her paper, Dr. Garces notes that some business experts and academics argue that considering large digital platforms as complex ecosystems may prove more useful in developing effective regulatory frameworks than relegating platforms to overly simplistic roles as “gatekeepers” or some form of infrastructure providers.

Referencing academic literature on ecosystem theory, Dr. Garces examines “the shared vision of the source of harm from online platforms and the broad nature of the appropriate remedial action” that underlie current and proposed regulatory approaches to digital platforms in different jurisdictions, and raises a number of questions about “the completeness of the current regulatory framework and its adequacy in addressing the economic concerns of stakeholders in a way that protects the value that a [digital platform] has to offer.” She focuses on the European Union’s Digital Markets Act (DMA) as an example of intervention and suggest ways to ensure its optimal implementation.

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