Competition Law Enforcement for Exploitative Abuse by Digital Platforms: The Japanese Approach in a Global Context

Toshiaki Takigawa ()
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Toshiaki Takigawa: Kansai University

A chapter in The Digital Economy and Competition Law in Asia, 2021, pp 27-43 from Springer

Abstract: Abstract The enforcement of competition law’s exploitative-abuse clause on digital platforms by competition agencies is aimed at abuse in two-sided markets intermediated by digital platforms: first, platform abuse of their trading-counterparts (suppliers); second, abuse of consumers (users). Abuse of suppliers needs to be identified mostly on procedural fairness; as long as contractual terms are negotiated transparently between platforms and their trading-counterparts, competition agencies are urged to refrain from intervening in substance of trading terms. Digital platforms which abuse consumers, exclusively concerns consumer data. In countries equipped with strong data protection rules, there exists no rationale for competition agencies to assume the role of data-protection agency. Yet, in those countries, where data protection rules and data protection agencies are lacking or weak, competition agencies might assume the role of data protection agency, as an interim measure.

Keywords: Exploitative abuse; Digital platforms; Superior bargaining position; Unfair trading practices; Consumer data; GAFA; Antimonopoly law (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:spr:perchp:978-981-16-0324-2_2

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DOI: 10.1007/978-981-16-0324-2_2

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