Ex Ante Interoperability Regulation for Competitive Digital Markets: Contrasting The European Union, United Kingdom, and Australian Approaches

Abstract

In this article, we explain the development of interoperability as an effective behavioral remedy for digital platform dominance, and contrast its inclusion in legal reforms in three (closely-related) advanced economy jurisdictions: the EU, UK, and Australia. In section 2, we explain what interoperability is, its development in European and Australian digital platform law and economics from the 1990s onwards, the curious lack of enforcement in the 2000s, and progress towards its development in the 2010s. In sections 3-5, we analyze the 2020s developments in application of interoperability mandates in the European Union, UK, and Australia. In conclusion, we explain how regulators can ensure greater competition in the largest emerging digital platforms (especially AI), and what role interoperability should play.