Please note this event will take place online via Zoom. Attendees will need to have a Zoom account to access the webinar, a free Zoom account can be set up at registration.
This event is organised by City Law School Institute for the Study of European Law (ISEL) & Jean Monnet Chair in Law & Transatlantic Relations.
Dr Oles Andriychuk, University of Strathclyde will discuss his latest paper on Digital Competition Law.
Digital competition law is an emerging and rapidly evolving field. It combines harmoniously and in a unique way the elements of traditional competition law and sector specific regulation.
The need for such a new field is explained by the inability of the established mechanisms of competition law (regulating anticompetitive agreements; unilateral abuses of dominant position; and mergers) to deliver for digital markets effective protection and promotion.
Supposedly, the traditional understanding of the role and function of the law regulating economic competition does not capture all the specificities of the digital economy.
A situation, in which any regulatory interference into market processes is fully dependent on establishing an infringement (preventative mode of competition law) can only remedy digital markets’ imperfections sporadically and in a fragmentary way.
The normative notion of digital markets’ self-correction, justifying non-intervention, is at best illusory.
The paramount importance of these markets for the entire economy, requires a more systemic, coordinated and strategic regulatory engagement (proactive mode of competition law).
Remarkably, the new area of digital competition law is emerging simultaneously in various jurisdictions.
This explains the objective nature of the process, a noticeable coherence in understanding the specificities of digital platform regulation, and a global consensus about its unavoidability.
The new regulatory reality is attracting a lot of attention in both academic and policymaking literature. The field is on the brink of an unprecedented reconfiguration.
The reforms, initiated in the UK, EU and US as well as in other trendsetting jurisdictions will have a global spillover effect.
While each of the proposals has its own specific features, priorities and instruments, they all are united by several paradigmatic elements.
The main purpose of this paper is to systematise these and the concomitant elements of the new regulatory paradigm for digital markets into a socio-legal theory of digital competition law.
Find the nominated for Concurrences annual award paper on "Shaping the New Modality of the Digital Markets: The Impact of the DSA/DMA Proposals on Inter-platform competition" here: (World Competition (Kluwer Law International), written by Oles Andriychuk, 7 October 2021, Volume 44, Issue 3).
- Dr Oles Andriychuk, Senior Lecturer in Competition and Internet Law, University of Strathclyde