The “administrative” path towards co-regulating digital platforms

This Chapter examines the evolution of administrative law in the digital age through an analysis of the Amazon case and the application of the DMA. The Chapter highlights how the emergence of digital platforms has challenged traditional legal categories, requiring new regulatory tools that transcend the public-private dichotomy. The European regulatory framework, from the GDPR to the DMA, represents an attempt to respond to the dominance of “surveillance capitalism”. The AGCM’s investigation into Amazon for abuse of its dominant position in the e-commerce logistics sector illustrates the potential of administrative co-regulation. The case demonstrates how administrative agreements can be more effective tools than traditional authoritative measures in dealing with Big Tech. The Chapter proposes an “administrative path” towards co-regulation, where independent authorities negotiate changes to business models with digital platforms, overcoming the traditional technocratic approach. This model of shared governance could ensure greater protection of user rights and rebalance power relations in the digital ecosystem, configuring platforms as public utility services subject to the principles of administrative action.