ABSTRACT
Modern business practice is characterised by the prevalent utilisation of extensive contract networks between commercial entities, interconnected in order to achieve their respective commercial objectives. Supply chains are one type of such contract networks. These modern contract networks are already regulated by way of ‘contractual governance structures’ substantively imposed within these networks by various effective business controllers of network commercial arrangements. The operations of modern supply chain contract networks exhibit the same type of this existing form of private contractual regulation. Recognition of this form of private regulation partly inspired the development and statutory adoption of the Australian model of supply chain regulation. This seeks to harness these private ‘contractual governance structures’ in order to achieve public regulatory outcomes. Parallel observations can be drawn about the imposition of ‘contractual governance structures’ by digital platform controllers operating within the contract networks of the modern digital economy. In turn, these parallel observations lay the basis for the development of effective public regulation of digital economy businesses and operations.
