German state competition policy: Responses to the challenges of digitalization of the economy, lessons for Russia

Abstract

The article examines the experience of the German competition authority and the limits of the intervention of the German state and the competition policy developed by it in the digital economy. Particular attention is paid to the methodological approaches of the German regulator to assessing the dominant position of companies in digital markets, problems arising in their practical application, assessing the impact of the digital agenda on markets and competition. Current cases reflecting the multidimensional assessment of market power in digital markets are presented. The opinion of the German antimonopoly regulator is systematized, including the development of a set of measures aimed at reducing negative effects in the form of abuse of market power and the ability to have a negative impact on the market from online platforms. The basic rules of the regulatory doctrine adopted in 2021–2022 by the Economic Commission for Europe within the framework of the Digital Markets Act (DMA) are briefly presented. Particular attention is paid to the description of the concept of “intermediary power” as a special tool for assessing the market power of online platforms and the implementation of antimonopoly control and regulation of their behavior based on the regulatory concept of “gatekeeper”. The results of the research, based on new original ideas and meaningful content, can be integrated into the discourse of modern science as a vector conceptual approaches to the study of digital markets, as well as applied in the direct practice of antimonopoly regulation in the Russian Federation.