EX-POST APPLICATION OF STRUCTURAL REMEDIES TO LARGE ONLINE PLATFORMS AT A NATIONAL LEVEL

Abstract

The enormous market power enables Online Platforms to leverage their data and economic power to spread into the digital sector. Abuse of dominant position through various means, mainly exclusionary conduct, such as leveraging or self-preferencing, can be seen in the conduct of Online Platforms. Most countries, including international authorities such as the EU Commission, concluded that there is a gap in the law in the context of digital competition and decided to fill this gap through extensive regulation. However, digital life has just blossomed and is proliferating with technological development. Regulating a fast-changing and developing area would harm its character and innovative nature. Therefore, instead of a rushed ambition to regulate the area, which could be disruptive and harmful to the competition, all alternative methods should be considered before taking ambitious steps. In that case, a well-defined ex-post method could become a better alternative to address the competition problems in the digital sector. Therefore, this paper argues that recent competition interventions in the digital sector seem to be quite relevant and effective against competition problems present in the sector. Instead of an ex-ante regulation, which may hinder innovation and development in the long term, an ex-post could be the relevant solution to the current situation.