Online digital platforms are rapidly expanding their influence across key economic sectors and even democracy itself. In response, regulators worldwide are developing new regulatory frameworks designed to address the challenges that very large digital platforms pose to competition, consumers and business users. These platforms act as critical gateways to users, raising complex legal and commercial challenges for those who rely on them.
Navigating the evolving landscape
Digital platform regulation has fundamentally changed the rules of the commercial environment for both platform operators and the businesses that depend on them. Given the centricity of online digital platforms to daily life, there will be profound effects. Both platforms and business users face a rebalancing of opportunities and risks from the regulations which can be used to maximise their positions.
At the forefront of this shift is the EU’s Digital Markets Act (DMA) and the UK’s Digital Markets, Competition and Consumers Act (DMCCA). These regimes introduce proactive rules targeting online digital platforms designated as falling within the regulatory framework – termed “gatekeepers” or those with “strategic market status”- and impose wide-ranging obligations which aim to address issues of market power through remedies which include access to data, fair pricing and user choice. While the EU has implemented a more prescriptive, one-size-fits-all approach, the UK has opted for a more flexible, tailored framework enforced by the Competition and Markets Authority (CMA). Beyond Europe, jurisdictions such as the US continue to lean on antitrust enforcement rather than sector-specific rules, creating a complex global landscape for major tech firms.
This fragmentation presents both strategic challenges and opportunities for business (both large digital platforms and users) operating internationally – and it’s where our team excels. We provide expert advice to help clients navigate this evolving regulatory landscape, including how to maximise and exploit the commercial benefits it was designed to provide for business users, and how to assist regulated platforms manage and protect against the risk, compliance, enforcement and claims that it can enable.
How we can help
We advise on all aspects of digital platform regulation – combining deep regulatory insight with strategic, commercial advice. Our team includes lawyers with experience inside telecommunications and antitrust regulatory authorities and decades of private practice expertise.
We use our experience to help clients navigate this increasingly complex regulatory environment. Our experience includes advising on digital platform related issues across the board, including in the development phase of the regulations themselves, assisting clients with their submissions to government and the EC, and since the regulations have come into effect.
Our team of specialists advise on all aspects of the regulations including:
- Compliance with the DMCCA and DMA and other types of digital platform regulation.
- Identifying threats and opportunities from the DMA, DMCCA and recent relevant precedent.
- Advising on and full case management of disputes, complaints, investigations, litigation and damages claims related to digital platform regulation.
- Assisting with responding to information requests from regulators.
- Engagement with regulators and strategic approaches to multi-jurisdictional digital regulation.
- Proactive risk management and regulatory strategy development.
- Negotiating commercial contracts with online digital platforms.