1、 itif.org A Policymakers Guide to Digital Antitrust Regulation JOSEPH V.CONIGLIO,LILLA NRA KISS,GIORGIO CASTIGLIA,AND HADI HOUALLA|MARCH 2025 Rather than adopt the European Unions model for regulating competition,policymakers considering how to govern digital markets should carefully evaluate whethe

2、r digital antitrust regulation is justified and consider whether concerns about anticompetitive behavior can be addressed with less intrusive and more cost-effective tools.KEY TAKEAWAYS The European Unions Digital Markets Act has inspired an array of similar proposals for ex ante antitrust regulatio

3、n around the world,including in Brazil,India,the United Kingdom,South Korea,and Japan.Policymakers can be tempted to implement a digital antitrust regulation(DAR)to address any one of several economic,political,and moral concerns that,upon examination,may prove to be unfounded.While digital markets

4、are not immune to anticompetitive outcomes,a DAR should only be adopted if there is real market failure and if its adoption would improve the status quo relative to nonregulation.DARs are likely to encounter difficulties with ensuring that regulators have both the necessary abilities to enhance cons

5、umer welfare as well as sufficient incentives for them to serve the public interest.Jurisdictions should evaluate whether alternatives to a DAR,such as enforcing or amending their ex post competition laws,are more effective and less costly ways to address competition concerns in digital markets.INFO

6、RMATION TECHNOLOGY&INNOVATION FOUNDATION|MARCH 2025 PAGE 2 CONTENTS Key Takeaways.1 Introduction.2 Why Regulate Digital Markets?.3 An Overview of DARs worldwide.7 Common Problems With Digital Antitrust Regulations.10 DARs Present Difficult Trade-offs.13 Recommendations for Jurisdictions Considering