Regulation of Digital Ecosystems within the Framework of Compe-tition Policy: Legal and Economic Approach

Abstract

Digital transformation of markets and industries is one of the most difficult challenges for the modern competition policy. The transformation is closely connected to the formation of ecosystems and the adoption of artificial intelligence (AI). The authors of the article summarize main issues raised in the process of market behavior qualification and market structure assessment for AI inten-sive companies leading digital ecosystems. These issues include enhanced market concentration, risks of price discrimination and algorithmic collusion. One of the specific challenges in that sphere is the dependence of AI efficiency on big-data-based machine learning. This feature causes the in-crease in market concentration, strengthens the positions of market leaders, and potentially weakens the competitive environment. Antitrust bodies should improve their own digital competences and an-alytical capacities to prevent the loss of control over the market, as well as the elimination of AI benefits.