Abstract: In recent years, the relevance of behavioural economics to competition policy has become ever more apparent, especially in digital markets. Choice architecture, which shapes how consumers make decisions online, been at centre numerous legal cases brought under law, as well development regulations promoting markets currently dominated by major tech platforms. This article focuses on impact insights for design and implementation one such regulation, EU’s Digital Markets Act (DMA). It...

Abstract Economic thinking and analysis lie at the heart of objectives design EU Digital Markets Act (DMA). However, DMA reflects a very deliberate—and reasonable—intention to ensure clarity, speed, administrability, enforceability. In doing so, this pro-competitive regulation omits several elements standard competition law where economics has typically played key role. Nonetheless, we believe that economic insights analysis—including behavioural thinking—will continue play an important role...

The report aims to contribute an effective implementation by the European Commission of EU Digital Markets Act, which increase contestability and fairness on digital markets, ultimately augment users' choice innovation.The starts developing five good regulatory principles at substantive level (effectiveness, proportionality, non-discrimination, legal predictability, consistency with other laws) four procedural principles: participation, ex ante post evaluation compliance measures, due...

Abstract The increasing dominance of a small number ‘big tech’ companies, across range critical online markets, has led to growing calls for regulation promote more competition, and ensure that market power is not exploited unfairly. New regulatory regimes this end are now under development in variety jurisdictions. While the new German EU most advanced, there detailed proposals discussion UK, US, China, while South Korea regulations have been introduced relation specific area app stores....

This paper addresses interoperability a “super tool” to promote and preserve competition in digital platform markets where network effects are strong. As is widely acknowledged, these have an inherent tendency towards concentration, leaving consumers with little the market. Mandated form of regulation that less intrusive than many other forms particularly suited business models fast changing technology. We introduce concept “equitable interoperability,” which means not only can entrant join...

Recommender systems are prevalent across digital platforms. They use machine learning techniques to help consumers make choices by predicting their preferred items. If RS had perfect information about consumer preferences and item attributes, they could recommend the most suitable for each consumer. However, in practice, recommender have incomplete information, prediction models can exhibit systemic biases. Our stylised model shows such biases dampen competition between suppliers selling...

Subscription-based platforms offer consumers access to a large selection of content at fixed subscription fee. Recommender systems can help by reducing the size this choice set predicting consumers' preferences. However, their prediction is based on limited information and sometimes even content, which means that recommendations are often biased. In paper we introduce simple theoretical framework for selling with quasi-linear utility function via recommender system. We simulate different use...

Abstract Finding ways to get consumers engaged in markets is a major current topic of debate. This article examines why consumer engagement so important driving effective competition markets. It then considers some key categories intervention that can enhance engagement, and particular the various roles disclosure play. Recent examples are provided from UK, where many such measures have been implemented. The emphasizes importance, when policy-makers designing interventions, understanding how...

Abstract Digital platforms can offer a multiplicity of items in one place. This should, principle, lower end-users’ search costs and improve their decision-making, thus enhance competition between suppliers using the platform. But end-users struggle with large choice sets. Recommender systems (RSs) help by predicting preferences suggesting relevant products. However, this process prediction generate systemic biases recommendations made, including popularity bias, incumbency homogeneity...

Consumer protection law is vital for ensuring that market-based economies work in the economic interest of consumers as well businesses, and thus to benefit civil society. This case online markets just it offline markets. However, despite broad consensus on these points, too little has been done ensure various standards applicable are sufficient or adequate guarantee efficiency fairness paper outlines eleven key features might necessitate additional different from those offline, provides a...

Download This Paper Open PDF in Browser Add to My Library Share: Permalink Using these links will ensure access this page indefinitely Copy URL DOI

Download This Paper Open PDF in Browser Add to My Library Share: Permalink Using these links will ensure access this page indefinitely Copy URL DOI

Behavioural economics is affecting many areas of and law, antitrust no exception. Competition in markets can be weakened or distorted when consumers face cognitive limitations exhibit systematic behavioural biases. Firms also act strategically to exploit exacerbate these biases, so worsen the situation further. Such conduct has already formed basis several cases likely have more extensive implications future. insights are critically relevant for effective design competition law remedies....

In a number of recent antitrust cases, the authorities’ concerns have centred on firms’ ability to distort and exploit behaviour consumers their own ends. Example include: ... Cases like these are implicitly based exhibiting ‘behavioural biases’; if consumer decision-making was not influenced by salience within rankings, default options, or desire for social inclusion, then such firm conduct would no anticompetitive impact. As such, cases strong links with, similarities to, another area...

Market Investigations for Digital Platforms: Panacea or Complement? Amelia Fletcher Search other works by this author on: Oxford Academic Google Scholar Journal of European Competition Law & Practice, Volume 12, Issue 1, January 2021, Pages 44–55, https://doi.org/10.1093/jeclap/lpaa078 Published: 24 November 2020 Article history Received: 04 August Revision received: 17 September Accepted: 21