Digital Platforms as Objects of Regulation: Issues of Development of Antitrust Legislation in the EAEU Member States

Abstract

The main directions of development of antitrust and competitive regulation of digital platforms were investigated. Approaches of legislators of individual EAEU member states to antitrust regulation of digital markets, emerging law enforcement practice were considered. Based on the analysis of proposals for amending the Entrepreneurs Code of the Republic of Kazakhstan, the practice of antitrust rulemaking of other states, the authors formulate recommendations for developing approaches to regulating digital platforms. Normative and expert approaches to the definition of digital platforms for the purposes of antimonopoly regulation and also modern classifications of digital market entities considered as objects of antimonopoly regulation were investigated. The practice of antitrust regulation of digital markets in the EU, China and the USA has been investigated. The article reflects the content characteristics of the term “gatekeeper”, introduced for the first time, which reveals the priority characteristics of the behavior of the main digital platform for creating the most balanced regime of regulatory norms in the field of antitrust enforcement.