The proliferation of measures across the globe designed to address concerns about the functioning of digital markets has been remarkable. In the last 18 months, a veritable patchwork of new regimes and measures has been introduced or canvassed; and more are likely. Although the measures are at different stages of design and implementation, they appear to have the same broad aims: to address a perceived gap in antitrust enforcement powers and concerns about digital platforms’ exercise of market power. But very different approaches have been adopted to the nature of the measures being proposed or introduced and the methods and scale of enforcement. The absence of a single global approach will likely create considerable challenges for all concerned: the digital platforms, the users and others the new measures are intended to benefit, and those tasked with enforcing the new measures.

By Rachel Brandenburger & Christopher Hutton1

 

I. INTRODUCTION

The proliferation of measures across the globe designed to address concerns about the functioning of digital markets has been remarkable. Within the last 18 months alone, a veritable patchwork of regimes and measures have been introduced or canvassed.

Although the measures are at different stages of design and implementation, all have (on the face of it at least) the same broad aims: to address a perceived gap in antitrust enforcement powers and concerns about the exercise of market power by digital platforms. However, de

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