26 THE DIGITAL DOSSIER An evolving regulation The rise of digital platforms on a global scale, the development of services based on digital technologies (algorithms, cloud, artificial intelligence, blockchain), and the disruption introduced into certain sectors of the traditional economy by new types of operators are throwing up new challenges for competition authorities as regards The significant market power acquired by the implementation of competition law. certain actors, based, depending on the case, on their technological expertise, the importance of network effects, the collec- tion of data on a massive scale or the eco- nomies of scale from which they benefit, as well as the consequences of the anti- competitive practices sometimes applied, have prompted competition authorities to undertake an in-depth reflection on upda- ting their analysis grid, their methods and the tools at their disposal. Faced with the profound upheaval in The public health crisis has highlighted the competition dynamics brought about structural position that the digital giants by this digital revolution, the Autorité have taken in society, with platforms fur- is ever more vigilant, and is strengthe- ther consolidating these positions during ning its means of action. The new Euro- this period. pean regulatory tools (Digital Markets At the European level, a new regulatory Act and Digital Services Act) will make framework for digital companies is being it possible to better understand the prepared through two draft regulations, challenges posed by the major platforms. the Digital Services Act (which among A leitmotiv for the Autorité: invest in digitalother things will enhance the responsibi- knowledge, adapt our approach and tools lity of platforms with regard to illegal to act quickly! content) and the Digital Markets Act. Whe- reas until now, competition authorities have taken action against anticompetitive A 360° VIEW ON practices by platforms downstream (with THE DIGITAL GIANTS ex post regulation, i.e. when the practices have been applied) - with an investigation The introduction of "upstream" time scale which was not always compa- regulation by the European tible with the speed of evolution of the mar- digital reform kets in question - the new legislation While these large companies have made provides for an "upstream" approach (ex a huge contribution to our societies, ante regulation, which involves the imple- they need to be regulated in a way that mentation of regulations to prevent prac- is commensurate with their economic tices from occurring in the first place). weight or their structural role for the eco-The Digital Markets Act provides that the systems or communities of users over structural actors that have been iden- which they have control. tified as ’gatekeepers’, i.e. those that