Une analyse économique du marché des plateformes juridiques en ligne

Cette recherche est issue de l’appel à projet sur le thème : Les enjeux de la construction d’une justice prévisionnelle dans un contexte d’émergence d’un marché des outils d’intelligence artificielle ; The current digital revolution, driven by algorithms, artificial intelligence and the processing of massive data, is transforming the world of justice, particularly through the appearance of platforms offering online legal services. Due to the technological innovation on which they are based, these legaltechs contribute to fundamentally renewing the offer of legal services for litigants. This report aims to draw up an inventory of the contributions, limits and risk factors associated with this renewal of practices, this inventory being based on several theoretical analyses mobilizing the standard tools and fields of microeconomics (i.e. public economics, industrial economics and game theory). The first part of this report seeks to identify the activities of these new players in the legal sphere, the structure of the market in which they operate and the way in which this structure is modified by their intervention. From a normative point of view, this involves examining to what extent the provision of a public service, that of justice, by private entities, legal platforms, can involve necessary regulation by the State. The need for public intervention is not only linked to ethical or regulatory considerations but follows purely economic concerns, which are based on the nature of the market in question (characterized in particular by the presence of network externalities and the fact that justice is not a private good). Among these concerns, the justice market is naturally characterized by the existence of information asymmetries, between providers of legal services (lawyers, notaries, etc.) and applicants for such services (litigants), asymmetries which alter market efficiency. A legal service thus has the properties of a confidence good which can be the source of opportunistic behaviour on the supply side to the ...