Proactive Ex Ante Digital Platform Regulations and the Concept of "Fairness"

• Project/Area Number: 24K16261
• Research Category: Grant-in-Aid for Early-Career Scientists
• Allocation Type: Multi-year Fund
• Review Section: Basic Section 05040:Social law-related
• Research Institution: Kyoto University
• Principal Investigator: CHENG Shin・Ru 京都大学, 白眉センター, 特定助教 (20987383)
• Project Period (FY): 2024-04-01 – 2027-03-31
• Project Status: Granted (Fiscal Year 2024)
• Budget Amount: ¥4,420,000 (Direct Cost: ¥3,400,000、Indirect Cost: ¥1,020,000); Fiscal Year 2026: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000); Fiscal Year 2025: ¥1,690,000 (Direct Cost: ¥1,300,000、Indirect Cost: ¥390,000); Fiscal Year 2024: ¥1,820,000 (Direct Cost: ¥1,400,000、Indirect Cost: ¥420,000)
• Keywords: market competition / digital market / ex ante regulation / fairness

Outline of Research at the Start

To enhance competitiveness and reduce consumer harm in digital markets, Japan implemented the Act on Improving Transparency and Fairness of Digital Platforms in 2021. However, an undefined concept of “fairness” in the Act weakens the Act's effectiveness. A comparative legal study of ex ante digital regulations, supplemented by expert interviews with local scholars and practitioners around the globe, allows this research to clarify the meaning of “fairness” and propose guidelines to overcome related enforcement challenges.