Anti-competitive practices in digital markets and legal ways to suppress them

 
PIIS160565900026521-7-1
DOI10.12737/S160565900026521-7
Publication type Article
Status Published
Authors
Occupation: Senior Lecturer, Department of Competition Law, Cand. Sci. (Law)
Affiliation: Kutafin Moscow State Law University (MSAL)
Address: Moscow, Russia
Journal nameJournal of Russian Law
Edition
Abstract

The article is devoted to defining the features of antimonopoly regulation of digital platforms that are the main participants in digital markets. Digital platforms, occupying a dominant position due to the possession of technologies and other objects of intellectual property, are beginning to influence related product markets, including the real sector of the economy, which may create prerequisites for limiting competition. From these positions, the need to update approaches to the analysis of the state of competition in digital markets has been established, including the use of a “hypothetical decrease in the quality of a product (service) test” of a digital platform and an assessment of the “network effects” of this platform. It has been proven that maintaining “immunities” against prohibitions on abuse of dominant position for economic entities owning intellectual property, including digital platforms, leads to risks of violating the rights and legitimate interests of digital market participants.<strong >

Keywordsdigital markets, digital platforms, network effects, competition law, antitrust law, intellectual property rights, abuse of dominance, economic concentration.
Received01.08.2023
Publication date01.03.2024
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