31. Data Concentration and Competition in Digital Platforms
- Author:
- Hyunsoo Kim
- Publication Date:
- 10-2024
- Content Type:
- Policy Brief
- Institution:
- Korea Institute for International Economic Policy (KIEP)
- Abstract:
- Policy discussions in major countries regarding access to data as a means of promoting competition in the digital platform market are taking place within the framework of existing legislation. The existing legal framework determines whether access to data is necessary based on whether the data is essential for competition in the relevant market and whether it can only be obtained from the dominant platform. In competition law, discussions about whether other companies can access a dominant firm’s resources have traditionally taken place under the so-called essential facilities doctrine. Whether data is essential for competition in a given market cannot be determined uniformly. However, existing literature suggests that narrowly defined essential data does not exist in many markets, and it is also difficult to find such data in markets related to large digital platform companies like Google or Amazon. This is because businesses can be established and operated in search engines or online marketplaces without having extensive user data. From this perspective, the role of competition law in ensuring access to data under the existing legal framework is inherently limited. These limitations arise not only in relation to the essential facilities doctrine but also in the process of applying competition policy. Competition policy typically takes a long time to implement, while the rapidly changing business environment of the digital platform market requires companies to quickly identify business opportunities in order to enter the market. Even if it is proven that a dominant company has used its data in an anticompetitive manner, it is extremely difficult to impose appropriate remedies that could restore the market to its previous competitive state. Additionally, designing complex remedies and continuously monitoring compliance with competition policy is not easy, which is why there are ongoing discussions about the need for ex ante regulation. However, ex ante regulation also has its own costs and drawbacks, so the practical benefits of implementing such regulations must be carefully evaluated.
- Topic:
- Economics, Business, Data, and Digital Platforms
- Political Geography:
- Global Focus