Picking up on our latest post on the direction of the Council with respect to the DMA, we would like to touch on an important issue that seems to have been overlooked by EU lawmakers: the role of default positions in search. Rather surprisingly, both the original DMA proposal of the European Commission and subsequent … Continue reading The DMA and default positions in search
A picture of “astonishing diversity and total underdevelopment”. Thus spoke a 2004 Report that surveyed competition damages actions across the EU at the time. It took ten years from there to adopt the Damages Directive, which finally ensured that anyone who suffered harm caused by a competition infringement can effectively claim full compensation and gave … Continue reading Private damages in the new digital regulations – A fine balance to tread
On 7 September 2021, the Dutch, French, and German governments (the so-called “Friends of an Effective DMA”) published a joint paper focusing on two important aspects of the DMA proposal: (i) future-proofness and tailor-made remediation and (ii) the role of the national authorities. Like the first paper these governments published in May 2021, this is … Continue reading Some thoughts on the joint NL-DE-FR paper on Strengthening the DMA and its Enforcement
Hello from me to all Platform Law Blog subscribers! I joined Geradin Partners last week, based in London. I hope I can help the team shed light on some of the complex and fascinating issues that the blog covers. To kick off, Damien and I have written an article analysing the expansion of Google, Apple, … Continue reading Maintaining a level playing field when Big Tech disrupts the financial services sector
The combination of a long week-end and rainy weather in Brussels has allowed me to catch up with my readings on the many papers and reports that have been written in the past few weeks on the DMA proposals by think tanks, academics, lobbyists, companies, and other entities or individuals interested in the topic. It … Continue reading The DMA proposal : Where do things stand ?
One of the striking features of the DMA proposal is that it only grants a minimal role to the Member States, the Commission opting for the centralization of the implementation and enforcement of the DMA at EU level. The question is whether this approach is desirable. It seems that Member States such as Germany, Belgium, … Continue reading DMA proposal: Should there be a greater role for the Member States?
In an earlier blog post, I discussed what could, or perhaps should, be the role of EU competition law in a post-DMA environment. That is an important question considering that if the DMA proposal is adopted, a range of issues that are traditionally addressed under EU competition rules will (also or instead) be addressed under … Continue reading Competition law and digital markets : Do we need a DG COMP 2.0 ?
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 ?