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Abstract

The structure of the digital market of e-commerce platforms is dynamic, with a combination of characteristics such as strong network effects, concentrated multi-sided platforms, extreme economies of scale and scope, low marginal costs, and high data returns. These strong network externalities within the multisided e-commerce market make the competitive environment in e-commerce significantly different from the conventional monogamous market as they create gatekeeper positions favouring a few incumbent e-commerce platforms. In these circumstances, gatekeeper incumbent e-commerce platforms often set commercial conditions that have the effect of undermining other players and potential rivals within the ecosystem. In this regard, there has been a trend of raising concerns globally on the inability of the conventional competition law framework to appreciate the extent of consumer harm arising thereto. Further, with the increasing trend in e-commerce, the potential harms arising thereon affect the market and particularly the individual end-user consumers in many ways, such as price discrimination. This research employs a doctrinal research method, wherein the primary data is obtained through systematic content analysis based on relevant reports and articles. This research identifies the consumer harms in the e-commerce platforms market based on theoretical analysis of competition law and consumer protection law focusing on digital market characteristics.

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