While many companies active in digital markets support the Digital Markets Act (“DMA”) proposal, a recurrent concern comes from the fact that the obligations contained in Articles 5 and 6 of the proposal will in principle apply to all gatekeepers independently of the core platform service ("CPS") they deliver and their business model. While Article … Continue reading Should all digital gatekeepers be subject to the same obligations under the DMA proposal?
In the past couple of years, several reports have concluded that a small number of large digital platforms act as gatekeepers in that they are necessary gateways between business users and their prospective customers. This allows these platforms to take advantage of the dependency of these business users on their services by imposing unfair trading … Continue reading What is a digital gatekeeper?
One of the questions that is regularly raised regarding the Digital Markets Act (“DMA”) recently proposed by the European Commission concerns its relationship with and impact on EU competition law. In particular, will EU competition law and competition authorities continue to play an important role in digital markets once the DMA has been adopted? Or … Continue reading What will be the role of EU competition law in a post-DMA environment ?
Like most competition lawyers working in the tech space, I eagerly read the Digital Markets Act (DMA) proposal when it came out on 15 December 2020. My first reaction was positive. As a proponent of the idea that some ex ante regulation is needed to address the concerns created by digital gatekeepers, I was pleased … Continue reading The Digital Markets Act proposal: Is this a sound document?
Happy New Year to the readers of this blog! 2020 was an eventful year for digital platforms - or, at least, the largest of them - with a combination of lawsuits, competition law investigations and regulatory proposals. When we set up our Platform Law Practice at Geradin Partners, we did not know we would be … Continue reading Digital Platforms and the Law: Ten Predictions for 2021
Yesterday the European Commission unveiled its much-expected proposal for a Digital Markets Act. Our general impression is that it is a solid and sophisticated piece of work with a fairly wide scope of application (i.e., going beyond the GAFA), which would place significant constraints on digital gatekeepers. Here is our (very preliminary) analysis in 10 … Continue reading The EU Digital Markets Act in 10 points
Yesterday, the Digital Markets Taskforce led by the CMA issued its advice (the "Advice") regarding the setting of a pro-competition regime in digital markets in the UK, referred to as a Strategic Market Status ("SMS regime"). This Advice is a very rich document of 89 pages, accompanied by several Appendices. This post does not intend … Continue reading There is much to like in the CMA Digital Markets Taskforce’s advice to the UK government on a pro-competition regime for digital markets
Yesterday, Commissioners Vestager and Breton confirmed via a funny tweet that the Commission's proposal for a Digital Markets Act (DMA) and a Digital Services Act (DSA) will come out on 15 December, instead of 9 December as was originally scheduled. We will therefore have to be a bit more patient. The other DMA-related news was … Continue reading Shall we see a scaled-down version of the New Competition Tool?
In July 2020, the CMA published the Final Report of its Online Platforms and Digital Advertising Market Study, which recommended the adoption of a new pro-competition regulatory regime to govern the behaviour of major platforms funded by digital advertising, like Google and Facebook. I was very pleased with this report as it, among others, shed … Continue reading The UK Government’s reponse to the CMA Market Study: Some good news with some remaining questions
A lot of things have been written about the Digital Markets Act, which will be proposed by the Commission on 9 December. In most cases, I agree with some of the recommendations made, while disagreeing with others. For the first time, however, I fully agree with a set of recommendations made by others, which is … Continue reading Digital Markets Act: Why the CERRE Recommendations Paper gets it entirely right