Antitrust law
Strategies for antitrust enforcers to prioritize digital platform cases where gatekeeping behavior threatens multiple downstream markets.
This evergreen guide outlines practical, forward‑leaning prioritization methods for authorities confronting digital gatekeepers whose exclusionary practices destabilize several interlinked markets while preserving competitive integrity.
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Published by Andrew Scott
July 21, 2025 - 3 min Read
When regulators confront dominant digital platforms that sit at the center of multiple ecosystems, they must translate complex network effects into actionable enforcement priorities. Gatekeeping behaviors—such as restricting interoperability, advantaging own services, or wielding data access as a weapon—can undermine competition across adjacent markets. A practical approach begins with mapping downstream dependencies: identify which products, services, and markets rely on the gatekeeper’s platforms and quantify the potential harm if alternative choices are suppressed. This requires high‑quality data collaboration, robust market definition, and a clear theory of harm that ties platform control to cascading competitive losses. With this foundation, investigators can sequence matters to maximize public welfare and deterrence.
To translate theory into impact, enforcers should adopt a tiered case framework that prioritizes gatekeeping patterns most likely to cause systemic harm. The first tier targets exclusionary conduct that blocks entry or raises rivals’ costs in multiple downstream markets simultaneously. The second tier covers data asymmetry and interoperability leverage that entrench dominance and lock users into the platform. The third tier examines foreclosure risks tied to app stores, advertising ecosystems, and ecosystem partnerships that distort choice. Across all tiers, agencies should emphasize measurable consumer welfare effects, including price, quality, innovation, and access to critical services, while maintaining procedural fairness and procedural transparency.
Use evidence‑driven risk analysis to rank cases prudently.
A robust prioritization strategy begins with quantifying systemic risk across platforms and markets. Regulators can construct a matrix linking gatekeeping behaviors to affected downstream players, color‑coding the severity by potential revenue loss, reduced innovation, and constrained consumer choice. This analytical framework supports decisions about whether to open formal investigations, seek undertakings, or pursue litigation. It also helps communicate risk to policymakers, courts, and the public. By demonstrating a transparent, data‑driven rationale for why certain conduct warrants priority, authorities can mobilize resources efficiently and preempt broader market degradation before harms become irreversible.
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Beyond counting affected markets, enforcers should assess the likelihood that gatekeeping will persist or escalate. Factors such as the platform’s control over essential gatekeeping levers, the availability of viable entrants, and the elasticity of downstream demand influence the probability of continued harm. A high‑likelihood scenario justifies stronger remedies, faster timelines, and greater global coordination. Conversely, lower likelihood cases may be better suited to structural remedies, targeted behavioral obligations, or negotiated settlements that preserve innovation incentives. Throughout, agencies should maintain comparability with international standards to avoid forum shopping and to foster cooperative enforcement.
Coordinate with global partners to magnify impact and legitimacy.
In practice, evidence gathering should focus on the intersection of gatekeeping power and downstream market vulnerability. Investigators can examine data flows, preferred access rules, and platform policy changes that disproportionately affect competitors or new entrants. Importantly, analysts should not rely solely on market share as a proxy for power; instead, they should investigate control over interoperability, data access, and ecosystem incentives. When data reveal that a downstream market would lose significant efficiency, quality, or price competition if the gatekeeper’s conduct persists, that signal strengthens the case for prioritization and prompt remedy design aligned with competitive neutrality.
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Coordinated multipliers can accelerate deterrence and ensure consistent outcomes across jurisdictions. Regulators should build coalitions with other competition authorities, consumer protection agencies, and sector regulators to share evidence, harmonize definitions of exclusionary behavior, and synchronize remedies. Information‑sharing arrangements, joint statements of enforcement priorities, and cross‑border investigations reduce duplication, lower transaction costs for affected firms, and enhance bargaining power in settlements. By presenting a united front, antitrust enforcers can signal commitment to maintaining open digital ecosystems, encouraging platforms to modify governance practices in ways that restore competitive balance without stifling innovation.
Tailor remedies to preserve innovation alongside competition.
A practical roadmap for investigating platform gatekeeping emphasizes phased disclosure, public accountability, and stakeholder engagement. Early transparency about the investigative process—its scope, data requests, and preliminary findings—helps manage expectations, invites external expertise, and reinforces legitimacy. As cases progress, agencies can publish anonymized, aggregated findings that illuminate systemic concerns without compromising sensitive information. Engaging with affected parties, independent researchers, and civil society groups also yields diverse perspectives on consumer harm and potential remedies. Maintaining a careful balance between openness and confidentiality supports a credible enforcement posture and reduces the risk of strategic manipulation by market players.
Remedies in digital gatekeeper cases should be designed to restore contestability while preserving platform‑level benefits that consumers value. Structural remedies might include unbundling certain services, ensuring interoperability, or granting access to essential data on fair terms. Behavioral remedies can require non‑discrimination, sunset clauses for exclusive agreements, and regular reporting obligations. An effective remedy framework includes objective benchmarks, independent monitoring, and a mechanism for swift adjustment if market conditions change. Courts and regulators should ensure that remedies are proportionate, time‑bound, and capable of sustaining a vibrant, innovative digital economy for both adjacent firms and end users.
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Build a durable, forward‑looking enforcement framework.
An important element in prioritization is assessing downstream consumer impact beyond price, including quality, choice, and access to essential services. Gatekeeping that suppresses innovation in adjacent markets can be harder to detect yet equally harmful over time. Regulators should consider potential spillovers to labor markets, financial services, and public interest sectors where digital platforms wield influence. This broader lens helps determine the societal stakes and clarifies why certain cases merit urgent attention. By highlighting the long‑term costs of entrenchment, authorities can justify decisive action even when immediate consumer prices do not spike dramatically.
In addition to internal metrics, comparative market analysis across sectors can reveal patterns of harm that recur with different platforms. If multiple gatekeepers employ similar strategies—restricting interoperability, controlling data flows, or leveraging app store terms to tilt competition—the cumulative effect signals a systemic risk worthy of prioritized enforcement. This cross‑sector awareness supports resource allocation, policy recommendations, and legislative advocacy aimed at strengthening antitrust tools for the digital economy. The goal is to build a durable framework that prevents repeated harms as technology platforms evolve.
Finally, an evergreen strategy hinges on continuous learning and adaptation to evolving digital ecosystems. Enforcers should institutionalize periodic reviews of prioritization criteria, incorporating new empirical methods, case outcomes, and stakeholder feedback. Scenario planning helps anticipate future gatekeeping methods, such as evolving data monetization strategies or algorithmic ranking practices that can distort competition. By maintaining flexibility, agencies can adjust investigative arsenals, refine remedy portfolios, and sustain public confidence. Regular training, cross‑disciplinary collaboration, and investment in data science capabilities ensure that the antitrust response remains aligned with the pace and complexity of digital markets.
The overarching objective is to safeguard competitive process while acknowledging the benefits of scalable digital platforms. Prioritization is not about slowing innovation but about preserving a level playing field where multiple participants can compete on merits. Clear criteria, transparent procedures, and proportionate remedies cultivate trust among businesses, consumers, and policymakers. As digital ecosystems continue to intertwine with daily life, a disciplined, collaborative enforcement approach will help ensure that gatekeeping behaviors do not corrode downstream markets or undermine the incentives that drive dynamic, consumer‑focused progress.
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