Anti-competitive practices of digital platforms and response measures in the Russian and foreign legislation

Abstract

The goal of this research is to determine whether the Russian legislation on protection of competition contains the norms that allow preventing anti-competitive practices of digital platforms, and whether it is necessary to make corresponding amendments. The subject of this research is the anti-competitive practice of digital platforms, response measures of the state, antimonopoly legislation,  and recommendations on its improvement. The research methodology is based on the analysis of relevant examples of anti-competitive behavior of digital platforms on the Russian and foreign markets, and qualification of such behavior from the perspective of Russian legislation. In the course of this research, the author solves the issue on the sufficiency of legal material for conducting qualification of such behavior; describes the response measures taken by the competent government authorities of various countries, as well as the measures proposed by the researchers. As a result, the author systematizes the data regarding the antimonopoly practice of digital platforms depending on the type of violations. All examples of antimonopoly practices can be qualified as anti-competitive in accordance with the effective legislation of the Russian Federation. If they are not listed as particular violations, then fall under the general categories of acts prohibited by law, considering the non-exhaustive nature of such lists. Misuse of “the platform authority” by the digital platform, reflected in the fact that it utilizes the transaction and customer data, should be qualified as unfair competition. For preventing the anti-competitive practices of digital platforms, it is proposed to develop the system of measures aimed at minimization of risks of the clash of interests and elimination of its consequences: ban of the owner of the digital platform for joint activity of his activity with the activity conducted the clients of the platform; restrict participation of the owner of the platform in companies that conduct types of activity that compete with the clients; disclosure of information on their affiliates engaged in the activity similar to such of the clients of the platform; introduction of the criteria for such affiliation, along with the obligation to compensate for the losses of clients inflicted by the clash of interest.