Digital Platform Services Inquiry - September 2023
The Competition and Consumer Committee of the Business Law Section of the Law Council of Australia (the Committee) provided a submission to the Australian Competition and Consumer Commission’s (ACCC) Digital Platform Services Inquiry—September 2023 Report on the expanding ecosystems of digital platform service providers—Issues Paper (Issues Paper).
The key matters the Committee wishes to bring to the ACCC’s attention are:
a) The foundational concept of an “ecosystem” should be carefully considered and precisely defined by reference to established concepts in order to ensure legal certainty, avoid the erosion of investment and innovation, and protect the benefits that interrelated services provide to consumers.
b) Existing competition and consumer laws may be adequate to deal with conduct of concern and the potential harms addressed by the Issues Paper, and these legal options should be examined in further detail.
c) It is critical that there be a concerted effort to avoid fragmentation in the various Australian reform processes which are currently underway to minimise uncertainty and unintended consequences for entities who may be subject to multiple regulatory frameworks.