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How to Structure Remedies in Abuses of Dominance in Digital Markets – Chris Jenkins - UK CMA - October 2019 OECD-AGCM Workshop on Abuse of Dominance in Digital Markets

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OECD Directorate for Financial and Enterprise Affairs
OECD Directorate for Financial and Enterprise Affairs

This presentation by Chris Jenkins - UK CMA, was made during the panel IV “How to Structure Remedies in Abuses of Dominance in Digital Markets” held at the OECD/AGCM Workshop on Abuse of Dominance in Digital Markets on 10-11 October 2019. More information on this event can be found at www.oecd.org/daf/competition/oecd-agcm-workshop-on-abuse-of-dominance-in-digital-markets.htm

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Remarks on UK approach to remedies 1 Chris Jenkins Economics Director
Context 2 ● UK market study/investigation powers as complement to antitrust enforcement ● Several recent reviews of digital markets in the UK - Competition issues (Furman Review) - Wider concerns (online harms, press sustainability, privacy) ● Digital advertising market study follows on from these reviews - Enables overall assessment of competition issues relating to advertising-funded platforms - Part of the motivation is to assess possible remedy ideas in a specific market context ● Parallel CMA policy work on wider platform issues
Objectives of remedies in digital markets 3 ● Important to be clear on objectives, evidence and potential unintended consequences ● Possible objectives - Addressing market failures from exercise of market power – prices, quality and innovation - Protecting / increasing the scope for competition – including tackling exclusionary practices and/or leveraging of market power - Preserving competition in markets which have not yet ‘tipped’ - Addressing other market failures – eg information asymmetries and coordination failures ● Distinguish between (i) exercise of market power, (ii) potential market power and (iii) wider market failures
Ex post enforcement and ex ante regulation 4 ● Complements rather than substitutes ● Forward vs backward-looking ● Principles-based vs specific conduct ● Potential roles for regulation - Pre-emptive action to protect competition for the market – eg data mobility and open standards - Reducing ability to leverage market power – eg limiting self-preferencing ● Possible ex ante framework - Furman Review – proposal for statutory code of conduct to apply to platforms with ‘Strategic Market Status’, to be overseen by a Digital Markets Unit ● Need to recognise diversity of platforms – details matter
Areas we are exploring in the market study ● Five potential remedy areas in Statement of Scope - Increasing competition through data mobility, open standards and open data - Giving consumers greater protection in respect of data - Limiting platforms’ ability to exercise market power - Improving transparency and oversight for digital advertisers and content providers - Institutional reform 5

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How to Structure Remedies in Abuses of Dominance in Digital Markets – Chris Jenkins - UK CMA - October 2019 OECD-AGCM Workshop on Abuse of Dominance in Digital Markets

  • 1. Remarks on UK approach to remedies 1 Chris Jenkins Economics Director
  • 2. Context 2 ● UK market study/investigation powers as complement to antitrust enforcement ● Several recent reviews of digital markets in the UK - Competition issues (Furman Review) - Wider concerns (online harms, press sustainability, privacy) ● Digital advertising market study follows on from these reviews - Enables overall assessment of competition issues relating to advertising-funded platforms - Part of the motivation is to assess possible remedy ideas in a specific market context ● Parallel CMA policy work on wider platform issues
  • 3. Objectives of remedies in digital markets 3 ● Important to be clear on objectives, evidence and potential unintended consequences ● Possible objectives - Addressing market failures from exercise of market power – prices, quality and innovation - Protecting / increasing the scope for competition – including tackling exclusionary practices and/or leveraging of market power - Preserving competition in markets which have not yet ‘tipped’ - Addressing other market failures – eg information asymmetries and coordination failures ● Distinguish between (i) exercise of market power, (ii) potential market power and (iii) wider market failures
  • 4. Ex post enforcement and ex ante regulation 4 ● Complements rather than substitutes ● Forward vs backward-looking ● Principles-based vs specific conduct ● Potential roles for regulation - Pre-emptive action to protect competition for the market – eg data mobility and open standards - Reducing ability to leverage market power – eg limiting self-preferencing ● Possible ex ante framework - Furman Review – proposal for statutory code of conduct to apply to platforms with ‘Strategic Market Status’, to be overseen by a Digital Markets Unit ● Need to recognise diversity of platforms – details matter
  • 5. Areas we are exploring in the market study ● Five potential remedy areas in Statement of Scope - Increasing competition through data mobility, open standards and open data - Giving consumers greater protection in respect of data - Limiting platforms’ ability to exercise market power - Improving transparency and oversight for digital advertisers and content providers - Institutional reform 5