Comment of the Global Antitrust Institute, George Mason University School of Law, on the European Commission’s Public Consultation on the Regulatory Environment for Platforms

ABSTRACT:

This comment is submitted in response to the European Commission’s (EC’s) public consultation on the Regulatory Environment for Platforms, Online Intermediaries, Data, Cloud Computing, and the Collaborative Economy.

The comment addresses: (1) concerns that the EC’s survey methodology and design is not conducive to generating reliable and policy-relevant data; (2) the economic analysis of platforms and multi-sided markets; (3) the dangers to competition and consumers of new ex ante regulation designed to regulate platforms, as opposed to relying upon existing European competition and consumer protection laws to address any potential anticompetitive effects or consumer harm arising from conduct by platform owners; and (4) the economic analysis of privacy and data security and its implications for new regulation.