Professor Thomas Fetzer Gave a Lecture on Do We Need New Tools for Competition in the Digital Marketplace? -- The European Commission's New
time:2021-01-29On November 24, 2020, invited by Law and Technology Institute of Renmin University of China, Professor Thomas Fetzer, former Dean of the School of Law of the University of Mannheim, launched an online academic exchange with the faculty and students of out, and conducted a discussion titled "Do We Need New Competition Tools for Digital Market? -- European Commission's New Competition Instrument Concept". This lecture was presided over by Professor Meng Yanbei of Law School of Renmin University of China. Deng Feng, Professor of Peking University Law School, Zhang Xin, Director of Competition Policy Research Center of Tencent Research Institute, Zhang Jiyu, Associate Professor of Law school of Renmin university of China, Ding XIaodong, Associate Professor of Law school of Renmin university of China, Wang Jiajia, PhD candidate of Renmin University of China Law School, Huang Yanqin, PhD candidate of Renmin University of China Law School, attended the webinar.
This lecture aimed to discuss the possible ideas of anti-monopoly regulation and supervision of Internet platform under the background of digital economy by introducing the latest developments of new anti-monopoly regulatory tools developed by the European Commission under the background of digital economy and the latest trends of EU legislation. The keynote speaker, Professor Fezter, gave a detailed explanation on seven topics: (1) the economic importance of the platform, (2) EU enforcement cases against platform markets, (3) existing legislation practices in Germany and Europe against the background of digital economy, (4) reasons for the introduction of new anti-monopoly regulatory tools, (5) a public consultation platform open by the Commission on the proposed new anti-trust regulatory instrument, (6) the future presentation of new antitrust regulatory tools: the Digital Markets Act, (7) several important issues need to be evaluated in advance for the new anti-monopoly regulatory tools.
Professor Deng Feng of Peking University Law School pointed out that the legislative process of the European Commission is still in the public consultation stage, and the subsequent draft and recommendations have not been released, and the more specific results of the EU are yet to be seen. In addition, Professor Deng Feng talked about the phenomenon of "winner-takes-all" and mentioned that China's anti-monopoly law enforcement agencies have already issued some guidelines, which have focused on the new anti-monopoly issues in the digital market.
Zhang Xin, director of the Competition Policy Research Center of Tencent Research Institute, proposed that the most difficult challenge in the digital market is the challenge brought by the platform. How to regulate the market monopoly brought by the platform should be answered by all anti-monopoly jurisdictions. Existing anti-monopoly tools are not enough to deal with the anti-monopoly challenges brought by platforms, and new competition tools are needed to deal with them. He argued that we should think about when the exclusivity of platforms should be involved, when should they be punished, how to determine the amount of punishment, and how to implement relief.
Associate Professor Zhang Jiyu, from Renmin University of China Law School, proposed that the EU has always been very concerned about competition law and has taken the initiative to enforce it. Therefore, the EU has shown a forward-looking situation and the courage to actively respond to many new issues. She pointed out that the provisions of the antitrust law are flexible on many issues, giving law enforcement and the judiciary plenty of room to respond flexibly to new issues, but that too much flexibility does not lead to a lack of certainty.
Associate Professor Ding Xiaodong, from Renmin University of China Law School, proposed that there are many new phenomena, new problems and new rules in the digital market. Different jurisdictions are also trying to establish some new frameworks and new systems of competition law, and some scholars in the United States have begun to reflect on this system. Associate Professor Ding Xiaodong pointed out that we should pay attention to whether the EU, Germany and other EU member states are fully prepared for the competition tools in the digital market, especially whether they are ready to meet this challenge in terms of doctrinal and academic arguments.
According to Wang Jiajia, doctoral candidate of Renmin University of China Law School, the implementation of the EU's anti-monopoly regulatory tool seems to be based on the premise that Internet platforms are likely to maintain their market dominance and even dominance for a long time to come. The question she asked was: is even the new antitrust regulatory tools offered by the EU, combined with a package of digital market legislation and ex ante regulation really a game changer?
Huang Yanqin, doctoral candidate of Renmin University of China Law School, believed that the digital economy has brought many new problems to antitrust. Do we need new tools to compete in the digital marketplace? What are the numbers, data, platforms, algorithms, and competitive behaviors in the digital marketplace? Is the impact of behaviour on competition, innovation, consumer welfare, privacy and security good or bad? He argued that these basic issues lack further research, and that rather than building new competition tools with general effectiveness, it is better to explore them in specific cases of digital market antitrust.
At the end of the lecture, Professor Fezter responded to the views and questions of the speakers. Professor Meng Yanbei once again thanked Professor Fezter for his wonderful speech, and also thanked the presenter for his wonderful academic views. Finally, the lecture was successfully concluded in the applause of the participants and the audience.