The influence of digital platforms in competition law: an accepted or imposed violation of the law?

Sammanfattning: The GAFAM (Google, Apple, Facebook, Amazon and Microsoft) play an important role in our daily lives as they are always collecting intangible assets, data, and are competing for consumers attention. These platforms arose, grew faster than their competitors and strengthened their position to a point where they clearly dominate the market, occupying almost monopolistic positions. Their power and specificity render the appreciation of their position under Competition law and policy, complicated. The Big Techs are increasingly adopting processes that are harmful to competition. This is a significant problem that the European Commission (EC) and National Competition Authorities (NCA) are concerned about. There were successive failures of conviction to regulate their actions and punish the internet giants. Today, we can talk about an undermining of Competition law and policy when it comes to regulating the online platforms, and it is even possible to question the efficiency of the Commission and NCAs. The influence of digital platforms in competition law is such that it raises the question as to whether violations of the law are accepted by the Commission, or imposed by the platforms which tend to become “private regulators”. Finally, it becomes clear that the emergence of new regulations to deal with the problems arising from the digital era is a necessity. There is a multiplication of specific legislation for platforms, such as the entry into force of the Digital Markets Act (DMA). This regulation’s objective is to ‘ensure fair and open digital markets’(1) in the European Union (EU). However, its suitability as a competition tool and potential solution to the ongoing digital anti-competitive issues can be questioned.