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Platforms as regulators

Dunne, Niamh (2021) Platforms as regulators. Journal of Antitrust Enforcement, 9 (2). 244 - 269. ISSN 2050-0688

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Identification Number: 10.1093/jaenfo/jnaa052


The proposition that certain digital platforms act as ‘regulators’ within their own business models is a key pillar of the European Commission report on Competition Policy for the Digital Era, and the basis upon which its authors build a wide-ranging duty for dominant platforms to secure competition that is ‘fair, unbiased and pro-users’. This article seeks to shed light on this novel contention, exploring its meaning and the implications for platform operators. It considers the rationale provided within the report and compares the approach with established Article 102 TFEU case law, specifically the ‘special responsibility’ doctrine. Consideration is further given to whether the platforms-as-regulators notion aligns with alternative modes of regulation within the digital sphere. The aim is to explore whether this approach is coherent, and actually useful, as a means by which to frame and direct future enforcement against digital platforms.

Item Type: Article
Official URL:
Additional Information: © 2020 The Author
Divisions: Law
Subjects: K Law > K Law (General)
H Social Sciences > HD Industries. Land use. Labor
JEL classification: K - Law and Economics > K2 - Regulation and Business Law > K21 - Antitrust Law
K - Law and Economics > K2 - Regulation and Business Law > K23 - Regulated Industries and Administrative Law
Date Deposited: 01 Feb 2022 16:45
Last Modified: 07 Feb 2022 14:21

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