The final report of the Australian Competition and
Consumer Commission (ACCC) Digital Platforms Inquiry (DPI)
foreshadows a sustained escalation in ACCC scrutiny of digital
platforms.
There are strong indications, however, that the
ACCC's attention is going to be focused not on market power
(dominance) cases, but on consumer law enforcement and less
conventional causes of action. For the global platforms and other
digital businesses operating in Australia, the threats will be no
less significant, and the ACCC's approach will present some
unique challenges.
In some respects, the final report of the DPI was
anti-climactic. After an 18-month inquiry, the report was lacking
in substance in some areas – no doubt reflecting the huge
breadth of its Terms of Reference which traversed competition,
consumer, media and privacy laws across platform, traditional media
and digital advertising markets. The ACCC uncovered no new
anti-competitive conduct justifying either
