Friday, June 25, 2021

'I See Something You Don't See'. A Computational Analysis of the Digital Services Act and the Digital Markets Act

'I See Something You Don't See'. A Computational Analysis of the Digital Services Act and the Digital Markets Act

 

Fabiana Di Porto

University of Salento ; Luiss Guido Carli University; Law Faculty, Hebrew University

Tatjana Grote

Algorithmic Disclosure PRIN project, University of Salento

Gabriele Volpi

Algorithmic Disclosure PRIN project, University of Salento

Riccardo invernizzi

Algorithmic Disclosure PRIN project, University of Salento

Abstract

The rise of digital platforms has been accompanied by increasing unease among scholars and policymakers about certain anti-competitive structures and practices. As a result, ensuring fair competition on digital services markets has been high up on the agendas of both US and EU lawmakers.

In its latest proposals, the Digital Markets Act and Digital Services Act (DMA and DSA), the European Commission puts forward several new obligations for online intermediaries, especially large online platforms and ‘gatekeepers’. Both are expected to serve as a blueprint for regulation in the US, where lawmakers have also been investigating competition on digital platforms.

This paper investigates whether key concepts of competition law on digital markets are used in the same way by different stakeholders. Leveraging the power of computational text analysis, we find significant differences in the employment of terms like ‘gatekeepers’, ‘self-preferencing’, ‘collusion’ and others in the position papers of the consultation process that informed the drafting of the two latest Commission proposals. Added to that, sentiment analysis shows that in some cases these differences also come with dissimilar attitudes. While this may not be surprising for new concepts such as gatekeepers, the same is not for others, like ‘self-regulatory’, which not only is used differently by stakeholders, but is also viewed more favorably by medium and big companies/organizations than by small ones. We conclude by sketching out how different computational text analysis tools (like e.g. topic modeling, semantic analysis and text similarity), could be combined to provide many helpful insights for both rulemakers and the legal scholarship.

https://lawprofessors.typepad.com/antitrustprof_blog/2021/06/i-see-something-you-dont-see-a-computational-analysis-of-the-digital-services-act-and-the-digital-ma.html

| Permalink

Comments

Post a comment