Проблемы регулирования цифровых платформ: трудности и возможности международного сотрудничества

Abstract

Digital platforms act as private regulators of their ecosystems. However, until recently, these platforms have not been objects of regulation by the state. Currently, many jurisdictions adapt and update their consumer protection and competition policy instruments and introduce ex ante regulation to protect consumers and competition in digital markets. Regulatory problems derive from the nature of platforms’ business models, the transnational character of their operations, and the significant resources necessary to ensure regulation enforcement and monitoring. Coherence of regulatory approaches applied by different jurisdictions creates legal certainty, reduces costs of compliance and prices, and ensures consistency of requirements with regard to the quality of platforms’ services and user protection. Despite the advantages of policy coherence, cooperation develops slowly and is fragmented due to a contestation over the influence on the rules of governance. This article reviews the main problems and key approaches to the digital platforms’ regulation, and the challenges of, and perspectives on, international cooperation. The study draws on a survey of research articles, national documents on digital platforms policies and EU regulations, analytical materials of research centres and international organizations, and assessments of regulatory practices by concrete jurisdictions. The article explores problems and approaches to ensuring protection of users and fair competition, ex ante regulation application, and multilateral initiatives. In conclusion, the authors put forward some ideas on international cooperation perspectives.