In the first session, the panellists discussed how to establish a fair and competitive Digital Single Market, in particular a fair and competitive platform economy. Since the crucial factors for success for digital platforms are trust and big data, the trade-off between both determine the efficiency of the entire industry. This trade-off is embodied in privacy, and unfortunately empirically there is no clear-cut answer to how much privacy is needed for people’s welfare. The panellists also discussed the role of competition policy and regulation as complementary tools, one as a credible deterrent and the other as a specific way to tailor policy to social objectives.
For competition policy, several features of the platform economy were highlighted that make the situation particular, notably the winner-take-all markets, the first-mover advantage, the network effect, the cross-markets leverage that scale brings and other bundling. Due to the fragmentation of the EU market, there are cases where national players effectively compete with global ones. All these aspects make the response all the more difficult and while dominant position leads to increased vigilance it is not always beneficial to break dominant players.
The panel also highlighted how self-regulation and purely top-down regulations were both ill-suited for such a fast-moving topic, and instead recommended the use of co-regulation, whereby regulators and stakeholder find pragmatic solutions through continued consultations. Regarding DSM legislative process, some criticized how politicized it had become, shifting away from long-term added-value and evidence-based policies, while others praised the legislators’ openness to input from stakeholders.