INTERVIEW : DIGITAL ECONOMY - INNOVATION - EFFICIENCY - REGULATION - PLATFORMS - COMPETITION ON MERITS - PUBLIC INTEREST - DATA

Riccardo FALCONI, Uber: Has digital economy disrupted competition law?

Interview conducted by Katrin Schallenberg, Partner, Clifford Chance and David Tayar, Partner, Clifford Chance.

Digital actors and platforms have been disrupting markets by bringing together innovation and scalability to unprecedented levels and by unlocking efficiencies in various sectors. Competition law remains however broadly adapted to apprehend the new dynamics brought into the market(s), even though new tools may still require some mastering. Because different business models may coexist in a given market despite a similar user experience and because expectations of these same users may materially change in less time that it takes to assess a market in the first place, case-by-case analysis should play an increasing role in the future when defining levels of innovation that may be expected from any given actor.

What role do digital players/digital platforms play in the competitive process? It often seems to be taken for granted, so it bears repeating that digital players and, platforms in particular, have been playing a groundbreaking role in terms of fostering competition, innovation and efficiencies. This has happened in a variety of ways and sectors, even at times with unwarranted effects. Digital platforms have been playing a crucial role in revamping market dynamics, and the economy more generally, by allowing new entrants to grow the overall market (whether in the same market and/or in adjacent markets). Indeed, platforms enable market players to offer a variety of goods and services through channels and to customers that were previously inaccessible to them in whole or in part. This

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David Tayar, Katrin Schallenberg, Riccardo Falconi, Riccardo FALCONI, Uber: Has digital economy disrupted competition law?, September 2018, Concurrences Review N° 3-2018, Art. N° 87312, www.concurrences.com

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