Competition Law in Asia
The Interplay of Power Dynamics in the Digital Market
Abstract
The digital economy and multi-faceted markets have significantly contributed to the efficacy of most transactions governing modern humankind. Digital platforms have become an irreplaceable cross-border asset that has acclimatized with technological advancements. However, there is obscurity in the methods of accommodation of digital economy in competition laws of most jurisdictions globally. Consequently, there are ascertainable issues in competition laws of such jurisdictions. Such issues remain unaddressed due to the absence of evaluation parameters of digital platforms in the conventional market system and culminate into an Implicit and undetected abuse of dominance. This study used the doctrinal method by highlighting the distinctness of contemporary digital markets and their consequential issues. This study explicated the issues in the competition that need to be independently addressed, considering the intricacies of digital platforms. The presence of non-price factors, multi-faceted markets, and data-driven networks being the primary source of such novel issues have been particularly explicated. The established premise was substantiated by way of case studies of major events involving factors such as predation, deep discounting, and data privacy. Elucidation of the competition system in most jurisdictions in Asia and the accommodation of digital platforms in the same was also sufficiently enunciated to present a holistic insight to the established premise. Finally, the authors suggested ways to sufficiently address the issues arising from the distinctness of digital platforms, thereby giving rise to a dynamic and all-inclusive competition.
KEYWORDS: Digital Markets, Competition Law, Data Privacy.
References
Amato, Jeffrey J & Tomonori Maezawa, “Japanese Legislature Passes Act To Regulate Big Tech Platforms”, (January 2021), online:
Aryan, Mohindroo & Mohindroo Rajat, “Digital Economy & Competition Law: A Conundrum” (2018) 3 Indian Compet Law Rev, online:
Bourne, Ryan, “Is This Time Different? Schumpeter, the Tech Giants, and Monopoly Fatalism” (2019) 872 Cato Inst Policy Anal, online:
Cabral, Luis, “Dynamic Price Competition with Network Effects” (2011) 78:1 Rev Econ Stud.
———, “Dynamic Price Competition with Network Effects” (2017) Eur Compet Law Rev.
Carlson, Nicholas, "Chart of the Day: Why Google Gives Away One Of Its Most Valuable Assets Away For Free," Bus Insid India (December2013), online:
CNA, “New office for digital industry aims to help create 10,000 tech jobs
in Singapore”, CNA (2019), online:
Competition Commission of India, Study on the Telecom Sector in India, by Competition Commission of India (2021).
Dalmia, Vijay Pal, “India: Personal Data Protection Bill, 2019”, Mondaq (2021), online:
Fair, Lesley, "Health app broke its privacy promises by disclosing intimate details about users," Fed Trade Comm (January 2021), online:
Finley, Klint, "The Sorry Legacy of Internet Explorer," Wired (2016), online:
Gokce Attorney Partnership, “Turkey: Are Cookies A Threat For Our Privacy?”, Mondaq (March 2019), online:
Kearney, "Unleashing Indonesia's digital potential," Kearney, online:
Keizer, Gregg, “Browser metrics: IE slide continues, Firefox users update”,
PC World IDG (October 2008), online:
Khan, Lina M, “Amazon’s Antitrust Paradox” (2017) 126:3 Yale Law J.
Mandrescu, D, “Applying EU Competition Law to Online Platforms: The
Road Ahead” (2017) 38:9 Eur Compet Law Rev.
McCallum, Andrew, "Singapore Competition and Consumer Commission Issues Final Market Study on E-commerce Platforms," Assoc Corp Couns (October 2020), online:
Mehta, Yash, “India: CCI’s Market Study On The Telecom Sector – An Overview”, (February 2021), online:
Microacquire, “Google Acquisitions”, online:
Rachel, Lee PP & Leow R Ping, "Competition and ConsumerCommission of Singapore," Glob Compet Rev (2019), online:
Rahmansyah, Denny, “Indonesia: Data Protection And Cybersecurity In Indonesia: Enforcement And Litigation”, (2019), online:
Reagan, Courtney & Jodi Gralnick, “More than 75 percent of US online consumers shop on Amazon most of the time”, CNBC (December 2017), online:
Rodriguez-Yong, Camilo A, “The Doctrines Of Unconscionability And Abusive Clauses: a Common Point Between Civil And Common Law Legal Traditions” (2011) 1 Oxf Univ Comp Law Forum.
Rumata, Vience M & Ashwin S Sastrosubroto, “The Paradox of Indonesian Digital Economy Development” in E-Bus High Educ Intell Appl (IntechOpen, 2020).
Sim, Royston, “Committee on the Future Economy outlines 7 strategies to take Singapore forward”, Straits Times (February 2017), online:
Srinivasan, Supraja, "Paytm launches separate smartphone app, website for e-marketplace business," Econ Times (February 2017), online:
Steinberg, Harxus B, “Lawyers and Their Work. By Quintin Johnstone and Dan Hopson” (1968) 17:2 Cathol Univ Law Rev.
Thielman, Sam, "Your private medical data is for sale – and it's driving a business worth billions," The Guardian (January 2017), online: