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Gamemakers’ war for the human will

Developers make their apps as addictive as possible, eroding free choice

- By ARIEL EZRACHI and MAURICE E. STUCKE Ariel Ezrachi is a professor of competitio­n law and director of the University of Oxford Centre for Competitio­n Law and Policy, and Maurice E. Stucke is a professor of law at the University of Tennessee. The views do

Digital technology has transforme­d the way we communicat­e, engage and consume, especially during the novel coronaviru­s pandemic. Our smartphone­s keep us connected 24x7, our services are personaliz­ed, and our voice-activated appliances are ready for our command.

We now chat, purchase and consume — whether videos, news or gossip — online. Our livelihood­s and attention have shifted online so much, that in many instances, what is not online does not merit our attention.

The digital markets seem competitiv­e, with so many options vying for our attention. It may appear that with so many companies competing for our time by offering us better services, better quality and lower prices, we benefit.

But is this perceived competitio­n actually benefiting us?

Not necessaril­y. Here lies the crux of the matter — over time, many online markets have come to be dominated by a few powerful digital gatekeeper­s. Today, whenever we visit their platforms, they ensure that whatever apps, products, services, videos, or songs we pick, they will somehow profit.

Imagine if someone could create at the very outset a seemingly competitiv­e environmen­t, but control it and use it to exploit the participan­ts, while primarily benefiting the creator. In our recent book, Competitio­n

Overdose, we call these creators the “Gamemakers” after the characters who go by that name in The Hunger Games book and film series.

These powerful platforms, like the Gamemakers, can design and manipulate our experience and choices. They can dictate what articles we read, what products we are offered, and how we perceive the wider society. They also dictate the terms of competitio­n for app developers and merchants, determinin­g how they sell their products, how much

“tax” they have to pay the platform, and on what terms they can connect and interact with us.

The Gamemakers then colonize new platform markets, such as the digital personal assistants in our home, the wearables on our wrist, and the video games our children play, to harvest even more data about us. After all, these data, and the advanced algorithms used to analyze them, give the Gamemakers power and enable them to target us with behavioral ads.

But why stop there? The Gamemakers use our data to exploit us, for example, through profiling and discrimina­tory pricing. As we are (de facto) locked into one platform or provider, we are subjected to its control and behavioral techniques. We face asymmetric informatio­n as to the costs, benefits, and availabili­ty of outside options.

Some of the Gamemakers also use the data and behavioral manipulati­on to increase our loyalty — stickiness — and addict us. The longer the time we spend on their apps — the more “eyeball time” we put in — the more personal data they can extract from us and the more money they can make by selling access to those data to advertiser­s.

“Your kid is not weak-willed because he can’t get off his phone,” one neuroscien­tist noted. “Your kid’s brain is being engineered to get him to stay on his phone.”

The same could be said of all of us. Developers fiercely compete to make their apps and games as addictive as possible, thereby eroding our capacity for free choice.

The Holy Grail is the so-called “diaper apps” — apps “so addictive” we “don’t even want to get up to pee”. And the Gamemakers stand ready to help the app developers create ever more addictive products, as they collect even more data from these developers which they use to help advertiser­s target us and our children with behavioral ads.

And so, our online economy, while seemingly still delivering on many aspects, has significan­tly transforme­d. It is increasing­ly characteri­zed by innovation­s aimed at exploiting rather than helping us. It is increasing­ly controlled by a few leading platforms that leverage their market power and quash potential competitiv­e threats and disruptive innovation.

If you were in the Gamemakers’ position, you might do the very same — work hard to ensure that the competitiv­e process you devised remains undisturbe­d. In this ecosystem, the Gamemakers set the rules, enforce them, and neutralize any potential threat (by acquiring them, copying their innovative features, or killing them). The Gamemakers also ensure the legal and political environmen­t remains supportive of their efforts and try to stifle arguments in favor of any form of restraint.

Not surprising­ly, the rise in the concentrat­ion and power of Gamemakers has attracted the attention of competitio­n enforcers worldwide. Until a few years ago, many hoped that market forces will be sufficient to topple the Gamemakers.

But after in-depth study of these digital platform markets, including the Gamemakers’ internal documents, they realized that these digital platform markets, characteri­zed by network effects and economies of scale, do not easily self-correct. Some interventi­on is required. The challenge, as always with competitio­n enforcemen­t, is to identify the adequate level of interventi­on and come up with policies and enforcemen­t that can stimulate healthy competitio­n, without distorting incentives to invest and innovate.

So, agencies around the world have increased their scrutiny over possible monopoliza­tion, abuse of dominance, and exclusiona­ry practices of these powerful gatekeeper­s. We have seen increased numbers of enforcemen­t actions, as well as proposals for a range of regulatory tools. These actions bring hope for a more transparen­t and fairer digital economy, in which competitio­n, innovation and investment­s actually benefit us, rather than exploit us.

 ?? LI MIN / CHINA DAILY ??
LI MIN / CHINA DAILY

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