This presentation by Chinese Taipei was prepared for the discussion on “Abuse of Dominance in Digital Markets” held at the 19th OECD Global Forum on Competition on 8 December 2020. More papers and presentations on the topic can be found at http://oe.cd/dmkt. This presentation was uploaded with the author’s consent.

1. Abuse of Dominance in
Digital Markets
Dr. Wen-Jen Tsay, Commissioner
Chinese Taipei Fair Trade Commission
8th December, 2020
Global Forum on Competition

2. Theories of Harm
• Abuse of monopolistic power：
 Abuse by obstruction：eliminate horizontal competitors or potential competitors or
block them from maintaining or expanding their market power
 Abuse by exploitation：take advantage of its market power to obtain profits beyond
the level of competition
• mobile device app download platform case ：
 Google LLC removed the informer’s apps available on Google Play without warning
and the reason.
 The conduct is NOT abuse by obstruction：
 Google LLC and the informer were not horizontal competitors.
 The conduct is NOT abuse by exploitation：
 Removing apps could not increase the revenue of Google Play.
 Quantity and types of apps was the key to the success of a mobile operating system.
 The record of correspondence between Google LLC and the informer ：
 The informer had violated the policy of Google Play on a number of occasions prior to
the removal of its apps or termination of its account.
 Google LLC did give the informer an opportunity to make corrections before removing
the apps of the informer.
 After the app removal, Google LLC also accepted the appeal from the informer and
notified the informer of the handling result.
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3. Digital Economy Competition Policy Team
• Created in April 2017
• Competition issues of digital markets：
definition of relevant market
evaluation of market power
resale price maintenance
most favored nation clauses
predatory pricing
territory restrictions
false on-line advertisements
• Seminars related to digital markets：
sharing economy
e-commerce
big data
platform economy
• Focus on the competition issues of technology giants GAFA in 2020
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