Regulating digital platforms: why, how, and why now

Abstract

Like many competition agencies and governments around the world, the Australian Competition and Consumer Commission has formed the view that ex ante regulation is a necessary complement to address the competition (and consumer) harms posed by digital platforms. Our existing laws are not sufficient to address the anti-competitive conduct and corresponding harms we have observed in relation to digital platforms and the markets in which they operate. This paper explains our recommended model for regulatory reform and how it will address the competition harms that we have identified. Collaboration with international agencies has influenced our thinking in this space and continues to be important to ensure international coordination and alignment in regulatory reform. This paper concludes by looking ahead to the remainder of 2023 and beyond, as there is much work that remains to be done.