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Цифровые платформы – расхождения теоретического анализа и практики регулирования
The accelerated evolution of digital platforms over the past decade has exerted a substantial influence on the configuration of vertical interactions among parties. Notably, substantial transformations have occurred in value chains, which may ultimately result in the direct dissolution of erstwhile active participants in market exchanges. This transformation of the vertical production value chain, characterized by the withdrawal of "established" firms from the market and the concomitant dissolution of their traditional models of interaction with other firms, has precipitated the dissolution of the erstwhile principles of regulation of contractual relations between the parties. From a legal perspective, the novel regulatory concept has the potential to exclude digital platforms from the number of active participants in the interaction, given that the practice of law enforcement is often inconsistent with the results of the new institutional economic theory. This is because the regulator is unable to take into account the real subtleties of the established relationships between all participants in the interaction.
Moreover, the extant economic literature is deficient in a consistent definition of digital platforms, which are often equated with the concept of multilateral markets. However, Tirole and Rochet (2006) emphasize the importance of distinguishing between unilateral and multilateral markets and analyze the correlation of these concepts with the concept of platform. In addition, platforms are characterized by great diversity and, accordingly, by the criteria for their classification.
This discrepancy between theoretical analysis and enforcement practice poses a significant challenge for regulators in defining the status of digital platforms in regulations. In addressing these challenges, it is imperative to assess the extent of information asymmetry among market participants, the nature of competition between distribution channels for digital platforms, and the role of specific investments and incentives in facilitating value chains.