On 6 December 2023, Dr Deni Mantzari, invited by the UN Conference on Trade and Development (UNCTAD), spoke at the UNCTAD eWeek high-level session on ‘Competition Law and Regulations for digital markets: What are the best policy options for developing countries?’ moderated by Teresa Moreira, Head of the Competition and Consumer Policies Branch at UNCTAD. The other speakers were Ms. Doris Tshepe, Commissioner, South African Competition Commission, Mr. Victor Oliveira Fernandes, Commissioner, CADE, Brazil, Ms. Ana Malheiro, DMA Task Force, DG COMP, European Commission and Ms. Hee-Eun Kim, Director of Competition Policy, Asia Pacific, Meta.
Dr Mantzari’s talk explored the various legislative initiatives around the globe in regulating digital platforms. She observed that although consensus has emerged that existing competition laws are not sufficient to address the anticompetitive conduct and corresponding harms we encounter in the digital economy, nonetheless, there exist varying degrees of consensus on whether ex ante regulation is a necessary complement to address such harms posed by digital platforms. Four main responses emerge. First, ex ante regulation (e.g., EU, Brazil, Australia, UK). Secondly, reliance on market studies and market investigations (e.g., South Africa). Thirdly, ‘business as usual’ approaches, i.e. relying on ex post competition law. Fourthly, self-regulation (e.g., Korea) or co-regulation (e.g., Japan) as a forerunner of more targeted regulation. Dr Mantzari also observed that developing countries in general have been less concerned with the power of the platforms, but they may be in several instances more dependent on them. Finally, Dr Mantzari argued that instead of convergence and absolute consistency in regulation towards digital platforms around the world, we need to enhance regulatory coherence and she put forward several proposals to achieve such coherence.
The panel was put together by UNCTAD, Dr Deni Mantzari and Dr Maria Ioannidou (QMUL) following the UCL Bentham House Conference 2023 that also included a discussion on developing countries.