The emergence of digital markets has disrupted the enforcement of competition law and policy. Most jurisdictions are grappling with the unorthodox business models characterised by complex market structures, network effects, zero-pricing, multi-sided markets, and monetisation of data. The African Union (AU) conceded that anti-competitive practices may hinder trade liberalisation and sustainable development goals. The digital economy can stimulate economic growth, but high concentration of economic power and anti-competitive conduct by few dominant digital undertakings can increase inequality. But there is a lack of enforcement of competition policy at continental level. The AU has recently adopted the Protocol to the establishment of the African Continental Free Trade Area on Competition Policy (AfCFTA Protocol on Competition Policy) including provisions that distinctively regulate the digital markets. The chapter critically evaluates the AfCFTA Protocol on Competition Policy, whether it incorporates concepts that reflect the realities of the digital markets including, zero-pricing, multi-sided markets, and the small but significant non-transitory decrease in quality in competition analysis. It also explores the novel integration of the gatekeeper’s ex-ante obligations and abuse of economic dependence to specifically deal with dominant digital platforms. Finally, it investigates the interface of competition, consumer protection, and data protection policies.

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The AfCFTA Protocol on Competition Policy

  • Lulama Edith Gomomo

摘要

The emergence of digital markets has disrupted the enforcement of competition law and policy. Most jurisdictions are grappling with the unorthodox business models characterised by complex market structures, network effects, zero-pricing, multi-sided markets, and monetisation of data. The African Union (AU) conceded that anti-competitive practices may hinder trade liberalisation and sustainable development goals. The digital economy can stimulate economic growth, but high concentration of economic power and anti-competitive conduct by few dominant digital undertakings can increase inequality. But there is a lack of enforcement of competition policy at continental level. The AU has recently adopted the Protocol to the establishment of the African Continental Free Trade Area on Competition Policy (AfCFTA Protocol on Competition Policy) including provisions that distinctively regulate the digital markets. The chapter critically evaluates the AfCFTA Protocol on Competition Policy, whether it incorporates concepts that reflect the realities of the digital markets including, zero-pricing, multi-sided markets, and the small but significant non-transitory decrease in quality in competition analysis. It also explores the novel integration of the gatekeeper’s ex-ante obligations and abuse of economic dependence to specifically deal with dominant digital platforms. Finally, it investigates the interface of competition, consumer protection, and data protection policies.