Chair of Australia’s competition regulator Rod Sims has flagged new rules, regulations and enforcement to deal with Apple and Google’s dominance in app marketplaces.
The Australian Competition and Consumer Commission is monitoring moves by overseas governments and regulators that aimed to address competition and consumer concerns similar to those identified in Australia, he told a Global Competition Review webinar on the subject.
US legislation was introduced last week to address anticompetitive behaviour by dominant mobile app marketplaces.
Sims said it was “an exciting and challenging time” to be a competition enforcer and regulator. “There is much work underway in many jurisdictions to address the impact of the dominant digital platforms, whose global presences requires a global response,” he said.
“This is why international coherence and alignment on both regulatory and enforcement approaches is so important, and we remain in close contact with our counterparts working on these issues overseas.”
Already, the ACCC and international regulators in the US, Europe, the UK and Asia have launched inquiries, enforcement investigations and litigation relating to Google’s and Apple’s dominance in app marketplaces, and the dominance of digital platforms in other markets.
“While these enforcement actions and market studies are necessary to tackle the problems arising from dominant digital platforms, many jurisdictions are now recognising that they are not enough on their own,” Sims said.
“Australia was an early mover with our legislated News Media and Digital Platforms Mandatory Bargaining Code. However, other major jurisdictions are now considering, and implementing, much broader regulatory reforms to address the ‘gatekeeper’ or ‘strategic’ market power of major digital platforms.”
He cited the five US anti-trust bills targetting major digital platforms, and the new bill on app marketplaces, the European Commission’s draft Digital Markets Act, Germany’s new competition legislation for digital firms, the UK’s proposal to apply new rules to particular digital firms with ‘strategic market status’, as well as regulatory developments in Japan and draft legislation in South Korea targeting app marketplaces.
“These proposals span issues from preventing further entrenchment of dominant market positions, promoting competition and greater transparency and fairness, respectively.
“Our own work at the ACCC must be tailored to match our own issues and concerns. But although the finer details of our approaches may vary, competition authorities can still achieve successful global outcomes by aligning their approaches to both enforcement and regulation.
“This will include alignment around up front regulation and rules as well as enforcement. The competitiveness, and the level and type of innovation in our economy, requires this.”