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Algorithmic pricing, data dominance and acquisition-driven elimination of rivals are exposing gaps in Vietnam's competition policy. The paper urges a Digital Economy Unit, dominance tests that capture data and network effects, transaction-value merger thresholds and tailored rules to protect competition while preserving innovation and green transition goals.

Competition in the Digital Economy and Artificial Intelligence Era: Challenges for a Fair Digital Market and Recommendations for Vietnam
Thang Long Tran · February 19, 2026 · PRAWO i WIĘŹ
openalex descriptive low evidence 7/10 relevance Summary only summary available; pdf_status=not_found DOI Source PDF

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The paper finds that algorithmic collusion, data concentration, self-preferencing, and killer acquisitions create substantial gaps in existing competition law and recommends that Vietnam create a Digital Economy Unit, expand dominance criteria to include data and network effects, adopt specific anti-competitive rules, and use transaction-value thresholds to better protect competition while supporting innovation and sustainability.

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This study examines how the digital economy transforms business competition and proposes sustainable solutions for emerging challenges. Using an interdisciplinary approach combining economic theory, legal frameworks, and technological assessment, it identifies four key disruptions to traditional competition: algorithmic collusion enabling price-setting without explicit agreements; data power abuse creating market entry barriers through strategic data control; self-preferencing practices allowing platforms to favor their services over competitors; and “killer acquisitions” eliminating future threats by acquiring potential competitors. Results reveal critical gaps in current competition laws, including difficulties defining relevant markets for digital services with network effects, limitations of traditional price-based analysis in zero-price markets, challenges measuring consumer welfare in “free” services, and tensions between protecting competition and encouraging innovation. For Vietnam as an emerging digital economy, the study recommends a comprehensive regulatory strategy: establishing a Digital Economy Unit within the Vietnam Competition Authority; expanding market dominance criteria beyond market share to include data control and network effects; introducing specific anti-competitive behavior rules; implementing transaction-value thresholds for merger control to capture high-value, low-revenue acquisitions; and adopting flexible regulatory approaches for technological change. These recommendations balance fair competition with innovation encouragement. The analysis is particularly relevant to dual transformation toward digitalization and sustainability, as digital platform concentration can either promote or hinder green innovation and sustainable development. The study demonstrates competition law reform's crucial role in supporting both digitalization and environmental sustainability objectives, with significant implications for Vietnam’s broader sustainability agenda.

Summary

Main Finding

The digital economy introduces four core disruptions to traditional competition—algorithmic collusion, data-power abuse, self-preferencing, and killer acquisitions—that expose critical gaps in existing competition law. Addressing these requires tailormade regulatory design (beyond market-share metrics and price-focused analysis), new procedural tools (e.g., transaction-value thresholds), and institutional capacity (a Digital Economy Unit) to balance competitive markets with innovation and sustainability goals—especially important for emerging digital economies such as Vietnam.

Key Points

  • Four key digital-era competition problems identified:
    • Algorithmic collusion: automated pricing and coordination can produce coordinated outcomes without explicit agreements, complicating detection and enforcement.
    • Data-power abuse: strategic control and aggregation of data create de facto barriers to entry and sustained market power.
    • Self-preferencing: platforms can advantage their own services, undermining fair competition in multi-sided markets.
    • Killer acquisitions: incumbents acquire nascent rivals primarily to eliminate future competition, often escaping merger control because targets have low revenues.
  • Legal and analytical gaps in current competition frameworks:
    • Defining relevant markets is hard when strong network effects and multi-sided dynamics exist.
    • Traditional price- and revenue-based tests fail in zero-price or low-price platform markets.
    • Consumer-welfare metrics need adaptation to account for non-price harms (privacy loss, reduced quality, innovation deadweight).
    • Tension between enforcing competition and preserving incentives for innovation and investment.
  • Policy recommendations (Vietnam-focused but generalizable):
    • Create a Digital Economy Unit inside the Competition Authority to build technical expertise and coordinate cross-sector policy.
    • Broaden dominance criteria to include data control, network effects, and gatekeeper characteristics, not just market share.
    • Introduce specific prohibitions or ex ante rules for algorithmic coordination, self-preferencing, and data-exclusionary practices.
    • Adopt transaction-value thresholds (not only revenue thresholds) for merger review to capture high-value, low-revenue target acquisitions.
    • Use flexible, technology-aware remedies and regulatory sandboxing to adapt to rapid innovation.
  • Link to sustainability:
    • Platform concentration can either accelerate green innovation (through scale and coordination) or hinder it (by blocking entrants with sustainable alternatives). Competition law reform can be aligned with sustainability objectives.

Data & Methods

  • Interdisciplinary approach combining:
    • Economic theory: conceptual modeling of platform markets, network effects, and data externalities.
    • Legal analysis: review of competition law doctrine, enforcement gaps, and merger control practice.
    • Technological assessment: evaluation of algorithmic pricing, data architectures, and platform governance features that enable anti-competitive conduct.
  • Analytical methods are primarily conceptual and policy-oriented (synthesis of literature, legal gap analysis, and techno-economic assessment). The study uses these to identify actionable regulatory design choices rather than relying on new microdata estimation.

Implications for AI Economics

  • Measurement and enforcement:
    • AI-driven pricing and personalization shift the locus of anti-competitive harm away from observable price squeezes to algorithmic coordination and quality manipulations—requiring new detection metrics (e.g., algorithmic behavior audits, counterfactual simulations).
    • Data concentration is a central source of market power in AI markets; antitrust analysis must integrate data access, quality, and exclusivity as competitive inputs.
  • Merger policy:
    • “Killer acquisitions” are especially salient in AI: incumbents gain from acquiring small model/algorithm/ML teams before they scale. Transaction-value thresholds and forward-looking innovation tests are needed.
  • Market definition and welfare:
    • Standard price-based consumer-welfare models are often inadequate for AI-enabled platforms; welfare assessments should incorporate data privacy, platform quality, choice, and innovation dynamics.
  • Regulatory instrument set:
    • Beyond ex post antitrust: ex ante regulations (gatekeeper duties, interoperability/data portability mandates), algorithmic transparency/audits, and institutional specialization (Digital Economy Unit) improve enforcement feasibility.
  • Innovation-competition trade-offs:
    • Policies must be calibrated to avoid chilling innovation: flexible remedies, sandboxing, and proportional rules can protect competition while allowing experimentation.
  • Sustainability nexus:
    • AI economics should consider how platform design and data governance influence green innovation diffusion; competition policy can be a lever to accelerate sustainable technologies by ensuring entrant access and preventing exclusion of eco-innovations.

If you want, I can convert these recommendations into a short policy brief for the Vietnam Competition Authority or map specific regulatory instruments (e.g., data-portability rules, algorithmic audit protocols, merger thresholds) to implementation steps and potential enforcement indicators.

Assessment

Paper Typedescriptive Evidence Strengthlow — The paper provides a normative, interdisciplinary legal and theoretical analysis rather than systematic empirical testing; claims are supported by conceptual argumentation and case examples rather than causal identification, statistical analysis, or new quantitative data. Methods Rigormedium — The study combines economic theory, legal framework analysis, and technological assessment in a coherent, expert-driven way and identifies relevant market failures and regulatory gaps, but it lacks empirical methods (e.g., econometric identification, robust data analysis, or counterfactuals) that would strengthen causal claims and policy impact estimates. SampleQualitative, interdisciplinary review drawing on economic theory, competition law analysis, and technological assessment; focused on digital platform behaviors (algorithmic pricing/collusion, data control, self-preferencing, acquisition patterns) with Vietnam used as the policy case for applying recommendations; no primary quantitative dataset or experimental sample is presented. Themesgovernance innovation GeneralizabilityRecommendations tailored to Vietnam's legal and institutional context may not transfer directly to countries with different competition authorities or regulatory frameworks, Analysis is conceptual and case-based rather than empirically validated, limiting external validity across industries and market structures, Rapidly evolving AI and platform technologies may outpace specific regulatory prescriptions, Sectoral differences (e.g., finance vs. marketplaces vs. social platforms) mean some recommendations may be more or less applicable

Claims (16)

ClaimDirectionOutcomeConfidence & EvidenceDetails
The digital economy introduces algorithmic collusion that can enable price-setting without explicit agreements. Market Structure negative ability of algorithms to coordinate pricing (price-setting) without explicit agreements
Reading fidelity high
Study strength medium
not reported
0.18
Platform firms can abuse data power to create market entry barriers through strategic control of data. Market Structure negative market entry barriers created by strategic data control
Reading fidelity high
Study strength medium
not reported
0.18
Self-preferencing practices allow platforms to favor their own services over competitors, distorting competition. Market Structure negative preferential treatment of own services by platform operators
Reading fidelity high
Study strength medium
not reported
0.18
Killer acquisitions eliminate future threats by acquiring potential competitors, reducing competitive pressure. Market Structure negative elimination of potential competitors through acquisitions
Reading fidelity high
Study strength medium
not reported
0.18
Current competition laws have critical gaps, including difficulties defining relevant markets for digital services with network effects. Governance And Regulation negative ability of existing legal frameworks to define relevant markets in presence of network effects
Reading fidelity high
Study strength medium
not reported
0.18
Traditional price-based analysis is limited in zero-price markets and thus inadequate for assessing competition in many digital services. Governance And Regulation negative suitability of price-based competition analysis in zero-price markets
Reading fidelity high
Study strength medium
not reported
0.18
Measuring consumer welfare is challenging for 'free' services, complicating competition assessments. Consumer Welfare negative difficulty of measuring consumer welfare in zero-price/free digital services
Reading fidelity high
Study strength medium
not reported
0.18
There are tensions between protecting competition and encouraging innovation in digital markets. Governance And Regulation mixed trade-off between competition enforcement and innovation incentives
Reading fidelity high
Study strength medium
not reported
0.18
For Vietnam, the study recommends establishing a Digital Economy Unit within the Vietnam Competition Authority. Governance And Regulation positive creation of institutional capacity to regulate digital markets (Digital Economy Unit)
Reading fidelity high
Study strength speculative
not reported
0.03
Market dominance criteria should be expanded beyond market share to include data control and network effects. Governance And Regulation positive scope of criteria used to assess market dominance
Reading fidelity high
Study strength speculative
not reported
0.03
The paper recommends introducing specific rules targeting anti-competitive behavior in digital markets. Governance And Regulation positive adoption of targeted anti-competitive rules for digital markets
Reading fidelity high
Study strength speculative
not reported
0.03
Implementing transaction-value thresholds for merger control can capture high-value, low-revenue acquisitions (e.g., killer acquisitions). Governance And Regulation positive coverage of merger control over high-value, low-revenue (data/tech) acquisitions
Reading fidelity high
Study strength speculative
not reported
0.03
Adopting flexible regulatory approaches is necessary to keep pace with technological change in the digital economy. Governance And Regulation positive regulatory flexibility and responsiveness to technological change
Reading fidelity high
Study strength speculative
not reported
0.03
These regulatory recommendations balance fair competition objectives with encouragement for innovation. Governance And Regulation positive balance between competition protection and innovation encouragement
Reading fidelity high
Study strength speculative
not reported
0.03
Digital platform concentration can either promote or hinder green innovation and sustainable development. Innovation Output mixed impact of platform concentration on green innovation and sustainability outcomes
Reading fidelity high
Study strength speculative
not reported
0.03
Competition law reform plays a crucial role in supporting both digitalization and environmental sustainability objectives, with significant implications for Vietnam’s sustainability agenda. Governance And Regulation positive role of competition law reform in advancing digital and environmental policy goals
Reading fidelity high
Study strength speculative
not reported
0.03

Notes