More than ever, the perception is that search engines, social networks, and cloud services providers act as “gatekeepers,” controlling access to their core and connected digital services. As the power of these platform companies has grown, so too has concern over how they choose to wield it, and we are on the cusp of a new era of regulation — an inflection point that will impact business leaders, civil society, and government regulators. If done well, this new regulatory framework could provide clarity and guidance about what behavior is lawful (if not desirable), and balance concerns of access, competition, and privacy. There’s a real risk, however, that this new regulation will boil down to a coarse list of bans — of questionable efficacy — that can chill business opportunities.
Can the EU Regulate Platforms Without Stifling Innovation?
When it comes to regulating data and the growing power of tech companies, Europe is the global test case. While the EU is the model for other countries, it is also a cautionary tale of the unintended consequences of applying broad regulatory fixes to a rapidly evolving landscape, and the recently proposed Digital Markets Act, which targets platforms, is no exception. New rules on how data can be used and combined, and how digital platforms direct consumers, may end up stifling competition and innovation — a bad outcome for both consumers and companies. To avoid this outcome, regulators should follow four guiding principles: 1) preserving business model innovation should be the top priority; 2) regulators should focus on why ecosystems are competitive, not on who is winning; 3) stay focused on fostering market contestability in adjacent segments; and 4) regulators should hold companies accountable, but not tell them what to do.