Datafication-enabled advertising and other datafication practices, in the absence of proper constraints, will deepen the perils of datafication. A set of cross-border competition disciplines proposed in Chapter 5 may well be an effective instrument to address problems associated with platform monopolies and data capitalism. In this way, there would be less need for ex-post competition law enforcement in developing countries and LDCs, where relatively limited resources can be allocated to combat digital cartels and data monopolization. In this context, algorithmic transparency can serve as a starting point for global platform governance. The case study in Chapter 5 investigates the key dimensions of platform transparency requirements in a comparative context and demonstrates that the fragmentation of platform regulation is growing. The proliferation of platform regulations and algorithmic disciplines may place SMEs in an even more difficult situation vis-à-vis big tech companies, which have the resources necessary to manage different legal requirements in different countries. Despite the inherent complexity of the political economy surrounding digital capitalism, Chapter 5 concludes that there are reasons to be optimistic about better governance through international trade agreements.

This chapter seeks to explain the Trans-Pacific Partnership (TPP) Agreement’s Competition Policy Chapter by providing negotiating context and background. The context is important as Chapter 16 needs to be understood as a Chapter to an agreement of twenty-nine other Chapters. It is also important to understand that it is a Chapter negotiated between twelve economies in the Asia-Pacific with varying competition law and stages of policy development. The chapter will then step-through the Chapter 16 provisions, and outline how the TPP competition policy achieves competition law convergence through upholding fundamental WTO principles of non-discrimination and transparency. It also considers the likely impact of the TPP Competition Policy Chapter on world and regional trade policy-making and rules, regardless of whether the TPP enters into force in the near future. Whilst the TPP contains other new and novel provisions that seek to enhance competition in the region, this chapter focuses on Chapter 16.