Regulating Dominance for a Tech-Driven Economy: Reflections on comparative Competition Law

 
On 4 September 2025, the Mandela Institute at the University of the Witwatersrand hosted an illuminating public lecture by Professor Eleanor M. Fox, Professor Emerita of Law at New York University, titled “Regulating Dominance for a Tech-Driven Economy: Reflections on comparative Competition Law.”

In her thought-provoking address, Professor Fox unpacked the rapidly evolving landscape of global competition law as it grapples with the dominance of Big Tech. Drawing from both United States and European experiences, she explored how antitrust enforcement and ex ante regulation are reshaping debates around digital platform power, fairness, and access.

Highlighting the increasing concentration of economic power among technology giants such as Nvidia, Microsoft, Apple, Alphabet, Amazon, and Meta, Professor Fox questioned how existing legal frameworks can adapt to these new realities. She examined landmark U.S. and EU cases—including actions against Google, Meta, and Apple—and considered the implications of the EU’s Digital Markets Act and the UK’s Digital Markets Unit for promoting openness and contestability in the digital marketplace.

Professor Fox also turned her attention to the African context, referencing the AfCFTA Protocol on Competition Policy and South Africa’s recent Media and Digital Platforms Market Inquiry. She argued that developing nations face both challenges and opportunities in regulating dominant global players—emphasising the need for coordinated global norms that promote fairness, innovation, and access for the Global South.

“We need coherence,” she remarked. “Global South countries need access. But nations are becoming increasingly nationalistic. The question is whether we can hold the course on the rule of law and the needs of vulnerable communities.”

Following Professor Fox’s lecture, a panel of distinguished Wits academics and experts offered comparative reflections and regional insights:

• Yasmin Carrim, Former Member, Competition Tribunal and Adjunct Professor, Wits School of Law
• Professor Imraan Valodia, Pro Vice-Chancellor: Climate, Sustainability and Inequality and Director of the Southern Centre for Inequality Studies (SCIS)
• Professor Jonathan Klaaren, Professor of Law & Society, University of the Witwatersrand
• Derek Lötter, Partner and Co-Head of Competition, Bowmans

The discussion engaged critically with how Africa might shape its own competition policy agenda in response to global trends, the implications for inequality, and the future of fair digital economies on the continent.