Antitrust Response Measures in Relation to the Anti-Competitive Behaviour of the Digital Owner of Digital Platform: Russian and European Experience

After the introduction by the Federal Law of 10.07.2023 No. 301-FZ "On Amendments to  the Federal Law" On Protection of Competition" of special control over the monopolistic  activities of owners of digital platforms, a unified law enforcement practice in Russia has  not developed to date (June 2025).

Prior to the adoption of this novel, the antimonopoly regulator (since 2015) considered  the actions of transactional and non-transactional platforms related to the abuse of its  market power in commodity markets as a "classic" abuse of a dominant position, taking into account some features, in particular, the network effect.

To solve this problem, according to the author, it is useful to assess the applicability of the experience of the authorized bodies of the European Union on the application of the  Digital Markets Act (DMA), which regulates the activities of digital giants, as well as  the special criteria established by this Law for recognizing business entities with market power in EU markets as a digital platform.

1. Abdullin D.T. Legal regulation of antimonopoly control over economic concentration in the field of entrepreneurial activity in the digital economy. Dis. ... cand. jurid. nauk, 2024. (In Russ.)

2. Karapetyan A.A. Legal regulation of digital platforms and antimonopoly control: application practice // Russian Competition Law and Economy. 2024;(2):38-45. (In Russ.). https://doi.org/10.47361/2542-0259-2024-2-38-38-45

3. Maslov A.O. Antimonopoly requirements for the functioning of digital platforms: a legal aspect. Dis. ... cand. jurid. nauk. M., 2022. 196 p. (In Russ.)

4. Matunov A.Ya. Digital ecosystem: the formation of a new category of competition law // Russian Competition Law and Economy. 2024;(4):14-19. (In Russ.). https://doi.org/10.47361/2542-0259-2024-4-40-14-19

5. Paraschuk S.A. Dominating state of the economic subject as a basic category of the legislation on protection of competition // Entrepreneurial Law. 2014;(2):46-53. (In Russ.)

6. Puzyrevskiy S.A. Application of Antitrust Laws to Intellectual Property: Problems and Prospects // Russian Competition Law and Economy. 2024;(4):8-13. (In Russ.)

7. Khokhlov E.S. The relationship between the concepts of an abuse of a dominant position and an abuse of rights // Courier of the Kutafin Moscow State Law University (MSAL). 2017;(9):42-47. (In Russ.). https://doi.org/10.17803/2311-5998.2017.37.9.042-047

8. Khokhlov E.S. Abuse of a dominant position: Textbook / E.S. Khokhlov. M.: Statute, 2024. 462 p. (In Russ.)

9. Michael Hausfeld, Irving Scher, and Michaela Spero. Applying Amex When Two-Sided Platforms Become One Market // Antitrust. 2018. Vol. 33. № 1. Р. 27.