DEVELOPMENT AND CHANGES IN COMPETITION LAW IN THE DIGITAL WORLD: SHIFTS IN THE LEGISLATIONS OF UZBEKISTAN AND THE EUROPEAN UNION
Keywords:
competition law, digitalization, online platforms (marketplaces), market aggregators, market boundary, free goods and services etc.Abstract
Competition law metrics generally understand a market as a specific good or service provided by a supplier and received by a customer/consumer. This understanding was based on the economic rules of supply and demand and could be found classical in all market economy jurisdictions. This understanding changed with the advent of digital products and the digital economy. The digital economy is now commonly understood as a new quality of economic life driven by the massive growth of digitalization and other technologies. And in this new economic reality, the need to apply new competition rules is questioned. Thus, the economic indicators relied upon by legal and economics science so far have lost their meaning in assessing the boundaries of the digital market.
References
Laws and Regulations
Resolution No. 230 of the Cabinet of Ministers of the Republic of Uzbekistan "On Measures to Improve Antimonopoly Regulation in Commodity and Financial Markets"
Notice of the Commission of the European Union on the definition of a relevant market for the purposes of Community competition law (Commission Notice 97/C 372/03)
Draft Regulation of the Competition Committee “On definition of the procedure and conditions for determining and recognizing the dominant position and superior bargaining power of a digital platform operator”.
The Digital Markets Act
Books
A. Jones, B. Sufrin., N.Dunne., 2019. EU Competition Law: Texts, Cases and Materials. Seventh edition.
B.Khodjaev, H.Rajapov., Competition Law and Policy of the Republic of Uzbekistan.
Decisions and cases
European Commission decision. COMP/M.6203 — Western Digital Ireland/Viviti Technologies, decision of 23/11/2011.
European Commission decision. COMP/M.6554 — EADS/STA/Elbe Flugzeugwerke JV, decision of 3/09/2012.
European Commission decision. COMP/M.6844 — GE/Avio, decision of 1/7/2013 and COMP/M.6410 — UTC/Goodrich, decision of 26/7/2012.
Case No COMP/M.7217 - FACEBOOK/ WHATSAPP. Regulation (EC) No 139/2004 Merger Procedure.