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Digital Markets Regulation

Digital markets face new regulation to deliver greater competition and innovation for the use of data, while protecting consumers’ rights. Social networks, search engines and e-commerce sites are just some of the digital platforms that will likely be most affected by these new regulations. However, other technology companies that act as digital markets “gatekeepers” may also be impacted.

These new regulations will complement existing antitrust, data protection and electronic communications laws to further protect consumers, and ultimately ensure digital markets players act responsibly and are accountable.

Key issues that regulators around the globe are looking to address with new ex ante regulations include:

  • Economic dependency on a few companies who play a “gatekeeper” role in the market, through exclusive use of valuable data
  • Interoperability of data systems
  • Data mobility and portability
  • Transparency and fairness in customer contracts
  • Content moderation and protection of consumers

We are trailblazers when it comes to serving the evolving needs of players in digital markets, working at the forefront of legal and regulatory developments that are transforming this more-than-ever developing industry.

Leveraging our global network of lawyers and public policy advisors, spanning major capitals in four continents, we offer our clients unique solutions and unrivalled expertise:

  • Offering a seamless and coordinated approach through our unrivalled global platform
  • Advocacy through our top-tier public policy experience
  • Assessing risks and opportunities, as well as devising strategies to mitigate risks and maximize opportunities
  • Compliance counselling
  • Defending or bringing actions before regulatory agencies and courts

We advise clients on the potential implications for their businesses of proposals, regulations and policy papers aimed at regulating digital markets and providing legal support with their advocacy and compliance efforts.

Common themes include:

  • An increased focus on digital platforms and the collation of, and access to, data.
  • Some jurisdictions have changed, or considered changing, their merger control regimes to account for the impact of the digital era and to capture future key digital mergers that might otherwise fall outside current filing requirements.
  • Many jurisdictions have launched detailed market studies, or commissioned expert reports, relating to the digitisation of certain sectors and, more generally, the extent to which current competition laws and policies remain appropriate – in general, many authorities consider that the existing framework of competition law continues to provide a sound and sufficiently flexible basis for protecting competition in the digital era. However, some also consider that a “rethinking” of the traditional tools of analysis and enforcement is required to adapt to the challenges posed by the digital economy.

Our platform covers the main proposals, regulations and policy papers aimed at regulating digital markets in certain jurisdictions. You can track these here.

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