The rapid growth of digital platforms and the increasing influence of large technology companies have raised new challenges for competition law and policy worldwide. To support policymakers and competition authorities in addressing these developments, a research project is being undertaken under the Research Partnership Platform on Competition and Consumer Protection (RPP).
Led by Masako Wakui of Osaka Metropolitan University in collaboration with UNCTAD, the project brings together an international team of legal scholars and competition experts to examine how competition law can be adapted to the realities of digital markets.
The project will result in a research paper that builds on the UNCTAD Model Law on Competition, particularly Part II (Commentaries), Chapter IV on the prohibition of acts or behaviour involving an abuse of a dominant position of market power. The publication will be issued by UNCTAD as an output of the RPP.
Objectives
The project seeks to develop analytical and practical guidance on competition issues arising in the platform economy. It will explore possible legal approaches and policy options, supported by draft provisions and explanatory commentaries that draw on international experience and emerging best practices.
Key areas of analysis include:
- Market power in digital ecosystems, including the evolving concepts of dominance and market power.
- Platform practices, such as self-preferencing, bundling, default settings, parity clauses (MFNs), copycatting, exclusivity arrangements and anti-steering obligations.
- Interoperability and data-related issues, including data access, portability, interoperability requirements, data formats and data combination practices.
- Enforcement approaches, examining both ex post and ex ante regulatory and competition law tools across different legal, political and economic contexts.
The paper is intended to provide a basis for future discussion on Chapter IV of the UNCTAD Model Law on Competition and to serve as a practical reference for jurisdictions seeking to adapt competition frameworks to the digital economy. It will also help policymakers navigate recent developments such as the European Union's Digital Markets Act, the United Kingdom's Digital Markets, Competition and Consumers Act 2024, Germany's competition law reforms, and Japan's Smartphone Act.
Timeline
The project is scheduled to run from 2026 to 2028 and comprises the following stages:
- May-June 2026: Preparation of an initial draft of alternative legal provisions.
- July-October 2026: Refinement of the draft and exchanges with the UNCTAD secretariat.
- November-December 2026: Discussion among core authors and further development of the project direction.
- January-July 2027: Preparation of the first full draft, including detailed commentaries, and submission for review.
- August-December 2027: Consultation with academics, practitioners and competition authorities.
- January-March 2028: Revision of drafts based on feedback received.
- 31 March 2028: Submission of the final draft to the UNCTAD secretariat.
- April-December 2028: UNCTAD's review, editorial and publication processes.
Project Team
The project is led by Masako Wakui (Osaka Metropolitan University) and is supported by an international team of researchers and experts from universities and institutions across Asia, Europe and Australia.
Baskaran Balasingham (Utrecht), Kazuhiko Fuchikawa (Keio University), Claudio Lombardi (Aberdeen University), Sven Gallasch (Deakin University), Sangyun Lee (Osaka Metropolitan University), Kuninobu Takeda (Osaka University), Junko Shibata (Kobe University), Sei Shishido (Seikei University), Megumi Tahira (Tokyo Metropolitan University), Yoshizumi Toojo (Rikkyo University), Neha Vyas (Newcastle University), Simon Vande Walle (University of Tokyo), and Thomas Weck (Frankfurt School).
Contact
For further information, please contact:
Akari Yamamoto Bonenfant
[email protected]
Ebru Gökçe Dessemond
[email protected]