This is probably the most important question: what is fair in a world where there are technological platform providers that are essentially creating two-sided markets of vast size and value? If the platform provider is in a dominant position, their actions or inaction could significantly harm participants in the market. Should they then be permitted to impose their own terms and charges on one or both sides of that market arbitrarily, or should there be some form of regulatory intervention in the interests of the participants in the market (from either side)? And to what extent should competition in whatever form be a factor in this?
There are many examples of harm where a single platform has a kind of quasi-monopoly and/or quasi-monopsony status. Aside from the current topic, consider Google's dominance of web search, and the corresponding effects it can have on web developers, advertisers and searchers. Other online marketplace services might qualify as well if they have come to dominate their niche. Then we have the manufacturers of many other types of device, such as cars or smart home control systems, which are also relatively high value purchases and "sticky", but where clearly there will be an ecosystem building up around them. It may not be in the interests of either the purchaser or those who would provide related products or services to be locked into whatever arrangements the manufacturer wants to impose.
We already have precedent for overriding the wishes of manufacturers in some instances in order to protect more vulnerable parties to the arrangements. For example, various regulatory authorities have acted to prevent car manufacturers from restricting their vehicles in such a way that only approved dealers can repair or service them, and of course there is the wider "right to repair" movement that is based on a similar principle.
But as ever, the law has not necessarily kept pace with the rapid evolution of technologies, and even if certain actions may be legal today as a result, that doesn't necessarily mean they should remain so.
This is probably the most important question: what is fair in a world where there are technological platform providers that are essentially creating two-sided markets of vast size and value? If the platform provider is in a dominant position, their actions or inaction could significantly harm participants in the market. Should they then be permitted to impose their own terms and charges on one or both sides of that market arbitrarily, or should there be some form of regulatory intervention in the interests of the participants in the market (from either side)? And to what extent should competition in whatever form be a factor in this?
There are many examples of harm where a single platform has a kind of quasi-monopoly and/or quasi-monopsony status. Aside from the current topic, consider Google's dominance of web search, and the corresponding effects it can have on web developers, advertisers and searchers. Other online marketplace services might qualify as well if they have come to dominate their niche. Then we have the manufacturers of many other types of device, such as cars or smart home control systems, which are also relatively high value purchases and "sticky", but where clearly there will be an ecosystem building up around them. It may not be in the interests of either the purchaser or those who would provide related products or services to be locked into whatever arrangements the manufacturer wants to impose.
We already have precedent for overriding the wishes of manufacturers in some instances in order to protect more vulnerable parties to the arrangements. For example, various regulatory authorities have acted to prevent car manufacturers from restricting their vehicles in such a way that only approved dealers can repair or service them, and of course there is the wider "right to repair" movement that is based on a similar principle.
But as ever, the law has not necessarily kept pace with the rapid evolution of technologies, and even if certain actions may be legal today as a result, that doesn't necessarily mean they should remain so.