The Problems of Administrative Liability for the Unfair Usage of Digital Platforms

Abstract

Purpose: The purpose of this research is determination of most significant features of the problem, mentioned above and the development of approaches to its solution. Taking into account the newness of this topic in the Russian legal space, the most productive research method in considered work is comparative method. It allowed to construct analogy with law enforcement practice of some foreign countries, which already created the necessary system of prohibitions and liability. Design/methodology/approach: During the research authors have collected the full information on the legal status of a subject, the abusing of its dominance and also have analysed the existing approaches to the implication of this status to the institutes of the digital economy. The search of information was conducted among scientific literature. It let to collect 20 sources, which helped to formulate the understanding of the abuse of dominance by using of digital platforms. Besides scientific literature, authors have analysed the law enforcement practice of foreign countries and some popular bills, discussed by Russian theoretics and practices of administrative and antitrust law. Basic research methods are formal legal (during the analysis of terms “dominance”, “digital platforms”) and comparative (during the comparison of status of digital platforms within the context of antitrust legislation in different countries. Findings: The result of the research is the author’s recommendations, oriented to the development of the system of prohibitions for dominant subjects, existing in Russian legislation, and also reformation of administrative liability for delicts in considered sphere. Originality/value: The intensive development of digital economy and corresponding technologies raises the issue on the necessity of the development of legal rules, which no longer respond to contemporary challenges. The realization of goods and services through the Internet is supported by government and convenient for customers, but such kind of trading is complex both for legislators and lawyers. One of the most discussable issues in this sphere is the issue on legal status of a subject, abusing dominance, and also the necessity of the adoption of new legal rules, regulating the deterrent force of a state to companies, reached the status of a dominant (or close to it) on a relevant market, by using of technological supremacy.