{"title":"针对数字平台的竞争立法:反垄断与监管之间的选择","authors":"S. Avdasheva, G. Yusupova, D. Korneeva","doi":"10.17323/1999-5431-2022-0-3-61-86","DOIUrl":null,"url":null,"abstract":"The article analyzes recent developments in competition policy regarding digital platforms and their ecosystems. The goal is to evaluate the newly adopted laws and their drafts in the light of experience in regulating essential facilities (natural monopolies in the network industries). We contrast the arguments and suggestions of recent academic and expert publications with evaluation of the effects of non-discriminatory access enforcement. Both ex-post antitrust enforcement and ex-ante regulation regarding digital platforms have their own limitations. Proponents of wider application of ex-ante regulatory rules underestimate and often neglect regulatory cost as well as negative externalities of regulatory interventions. Empirical evaluation of regulatory effects during three decades shows that both costs and negative externalities are likely and relatively high. At the same time, recent academic and expert discussion underestimate the opportunities to develop targeted norms that would provide clients of digital platforms with additional rights and opportunities, and restrict market power of platforms without specific ex-ante regulation.","PeriodicalId":43338,"journal":{"name":"Voprosy Gosudarstvennogo i Munitsipalnogo Upravleniya-Public Administration Issues","volume":null,"pages":null},"PeriodicalIF":0.2000,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"COMPETITION LEGISLATION TOWARDS DIGITAL PLATFORMS: CHOICE BETWEEN ANTITRUST AND REGULATION\",\"authors\":\"S. Avdasheva, G. Yusupova, D. Korneeva\",\"doi\":\"10.17323/1999-5431-2022-0-3-61-86\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article analyzes recent developments in competition policy regarding digital platforms and their ecosystems. The goal is to evaluate the newly adopted laws and their drafts in the light of experience in regulating essential facilities (natural monopolies in the network industries). We contrast the arguments and suggestions of recent academic and expert publications with evaluation of the effects of non-discriminatory access enforcement. Both ex-post antitrust enforcement and ex-ante regulation regarding digital platforms have their own limitations. Proponents of wider application of ex-ante regulatory rules underestimate and often neglect regulatory cost as well as negative externalities of regulatory interventions. Empirical evaluation of regulatory effects during three decades shows that both costs and negative externalities are likely and relatively high. At the same time, recent academic and expert discussion underestimate the opportunities to develop targeted norms that would provide clients of digital platforms with additional rights and opportunities, and restrict market power of platforms without specific ex-ante regulation.\",\"PeriodicalId\":43338,\"journal\":{\"name\":\"Voprosy Gosudarstvennogo i Munitsipalnogo Upravleniya-Public Administration Issues\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.2000,\"publicationDate\":\"2022-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Voprosy Gosudarstvennogo i Munitsipalnogo Upravleniya-Public Administration Issues\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.17323/1999-5431-2022-0-3-61-86\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"PUBLIC ADMINISTRATION\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Voprosy Gosudarstvennogo i Munitsipalnogo Upravleniya-Public Administration Issues","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17323/1999-5431-2022-0-3-61-86","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"PUBLIC ADMINISTRATION","Score":null,"Total":0}
COMPETITION LEGISLATION TOWARDS DIGITAL PLATFORMS: CHOICE BETWEEN ANTITRUST AND REGULATION
The article analyzes recent developments in competition policy regarding digital platforms and their ecosystems. The goal is to evaluate the newly adopted laws and their drafts in the light of experience in regulating essential facilities (natural monopolies in the network industries). We contrast the arguments and suggestions of recent academic and expert publications with evaluation of the effects of non-discriminatory access enforcement. Both ex-post antitrust enforcement and ex-ante regulation regarding digital platforms have their own limitations. Proponents of wider application of ex-ante regulatory rules underestimate and often neglect regulatory cost as well as negative externalities of regulatory interventions. Empirical evaluation of regulatory effects during three decades shows that both costs and negative externalities are likely and relatively high. At the same time, recent academic and expert discussion underestimate the opportunities to develop targeted norms that would provide clients of digital platforms with additional rights and opportunities, and restrict market power of platforms without specific ex-ante regulation.
期刊介绍：
PUBLIC ADMINISTRATION ISSUES is a scientific peer-reviewed journal published by the National Research University High School of Economics (NRU HSE).The journal is published quarterly in Russian, and contains original articles by Russian and foreign authors. In addition, a special English language issue containing original articles by Russian and foreign authors has been published since 2014. The editorial board consists of leading Russian and foreign scientists in the field of public administration as well as prominent practitioners. The journal is indexed in the international databases: Scopus, RePEc, EBSCOand the Russian Science Citation Index (RSCI) on the platform of Web of Science. In addition, the journal is on the list of key peer-reviewed scientific journals and publications that the Higher Certification (Attestation) Commission in the RF Education Ministry recommends for publishing the main scientific results of theses for PhD and doctoral degrees in Economics, Sociology and Law. The journal focuses on the following subject areas: − Current theories of public administration. − Theoretical fundamentals of economic and social policy − Factors and Assessment of efficiency in public and municipal administration. − Innovations in the system of public and municipal administration. − Planning and forecasting in the system of public and municipal administration. − Staff of the state and municipal service. Management of personnel in public and municipal bodies and in organizations of the public sectors. − Financial, logistical and information resources of the state and municipalities. − Public service. − Functional features of public sector organizations. − Partnership of the state and municipalities with nongovernmental nonprofit organizations. Economic and administrative challenges facing “third sector.” - Development of education programs on public administration.
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