AI and data-driven digital platforms: the case for establishing global minimum standards in competition law

Title

AI and data-driven digital platforms: the case for establishing global minimum standards in competition law

Creator

Hema, K.

Description

AI and data-driven platforms have the potential to enable foreclosures, exclusionary and exploitative practices, resulting in the distortion of competition in the digital markets. The inherent conundrum of boundary-less AI and data-driven systems and territorial application of competition laws has created problems in cross-border digital markets. Countries have adopted divergent approaches in enforcing competition law, with some following the per se rule to categorically prohibit MFN clauses and others employing the rule of reason, assessing the anti-competitiveness of such agreements based on effects. Moreover, the countries have adopted either ex-post or ex-ante or a combination of both to regulate digital markets, deepening the divergence in competition, allowing AI and data-driven practices to enable regulatory arbitrage. To establish divergences in regulating the digital markets, the research adopts a comparative approach, analysing the competition law statutes and case laws across jurisdictions. Although competition laws must duly account for domestic market conditions, bringing harmonisation in their enforcement across jurisdictions remains imperative. Adopting a global minimum standard for competition law is a necessary step towards bringing consistency in the application of the competition laws across countries and equipping the competition law enforcement body to confront AI and data-driven market distortions in cross-border digital platforms. 2025 Informa UK Limited, trading as Taylor & Francis Group.

Source

International Review of Law, Computers and Technology;

Date

01-01-2025

Publisher

Routledge

Subject

data-driven systems; global minimum standard; Self-preferencing

Coverage

Hema K., School of Law, Christ University, Bangalore, India

Rights

Restricted Access; Hardcopy may be available in the library

Relation

ISSN: 13600869;

Format

online

Language

English

Type

Article

Identifier

https://doi.org/10.1080/13600869.2025.2602114

https://www.scopus.com/pages/publications/105024818808?origin=resultslist