ANTI-CONCORRÊNCIA NOS MERCADOS DIGITAIS: UMA ABORDAGEM EX-ANTE COMO REMÉDIO PARA O DESEQUILÍBRIO TECNO-ECONÔMICO

Abstract

The present work aims to put on evidence the need to implement a specific regulation for digital markets, based on an ex ante, a priori or preventive approach, as a solution to correct market failures resulting from anti-competitive practices perpetrated by the large technology companies, also called big techs. The problem came from the abuse of dominance exercised by these companies that, through conduct that harms competition, strive to preserve their power and restrict the growth of emerging companies, making the economic activity of their rivals excessively difficult. The damage caused by these conducts has brought challenges to competition authorities, given the lack of success on their part in correcting the existing imbalance in digital markets. Given this context, this work proposes the elaboration and adoption of a specific regulation for digital markets, which aims to implement new tools, capable of preventing the consummation of damage and avoiding its extension, in order to enable competition, preserve free initiative and protect the consumer. The research was based on the bibliographic review to gather information related to the problem, interpret its nature and analyze the possible hypotheses for solution, as well as the comparative-inductive method to study the market and reach reasoned conclusions.