The Digital Market Order: Technological Innovation, Regulation, and Competition

L’ordine del mercato digitale: innovazione tecnologica, regolazione e concorrenza

Abstract

Abstract [En]: This paper examines the construction of the legal order of the digital market, focusing on the relationship between technological innovation, regulation and the protection of competition. The rapid development of digital technologies, the dematerialisation of economic relations, the growing role of platforms and the automation of decision-making processes require the law to adapt its traditional instruments to an increasingly deterritorialised and dynamic market. In this context, the construction of a digital legal order calls for a renewed understanding of the principle of legality, capable of integrating legal and algorithmic rationality while ensuring transparency, accountability and the protection of fundamental rights. The paper also analyses the European process of re-regulation and the risks associated with increasing regulatory overreach, highlighting the need to strike a balance between the protection of rights, economic development and innovation. Particular attention is devoted to the relationship between competition law and innovation policies, as well as to the role of public intervention in the governance and planning of the digital economy. From this viewpoint, the Digital Services Act is examined as a regulatory instrument aimed at addressing information asymmetries, constraining the power of digital platforms and broadening the competitive environment, thereby contributing to a safer and more sustainable digital market. Ultimately, the analysis highlights the complex search for a balance between technological development, market efficiency, competition and the protection of fundamental rights.