A Registry Instead Of Gatekeepers: How Uzbekistan Can Regulate Digital Platforms By Drawing On The Dma Experience And Existing Legislation

Abstract

It is commonly believed that, in order to control digital platforms, Uzbekistan needs to adopt its own law modeled after the European DMA. This article demonstrates that the actual task is different. Through Cabinet of Ministers Resolution No. 256 dated May 1, 2024, Uzbekistan has already established a fairly sophisticated specialized regulatory regime, comprising criteria for platform dominance, a registry of dominant operators, the concept of "superior bargaining power," and a prohibition on abuses. In essence, this constitutes a domestic analogue to the designation and obligations of "gatekeepers" as defined in the DMA. Therefore, the question is not whether to enact a new law, but rather how to refine the existing regulatory framework. Drawing upon a tripartite classification of platform power and a "DMA norm transfer" test, the author identifies three key weaknesses in the current regime: its status as a purely sublegislative framework, its reactive (*ex post*) regulatory logic, and a lack of specific regulatory tools. Consequently, the author proposes consolidating this regime within the existing Law "On Competition," while simultaneously incorporating the currently missing elements. A draft of the corresponding statutory provision is provided.