Last week, a version of the Digital Markets Act dated 13 April 2022 was leaked. This version is based on the political agreement reached by the Commission, the Council of Ministers and the European Parliament on 25 March 2022. This “final” version (subject to some final adjustments) comprises a fair amount of new language compared … Continue reading The leaked “final” version of the Digital Markets Act: A summary in ten points
DMA proposal: Should there be a greater role for the Member States?
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?
Competition law and digital markets : Do we need a DG COMP 2.0 ?
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 ?
What will be the role of EU competition law in a post-DMA environment ?
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 ?
The EU Digital Markets Act in 10 points
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
European Commission issues terms of reference for study on “platforms with significant network effects acting as gatekeepers”
Last week, the terms of reference ("ToR") of the above-mentioned study started circulating in Brussels. While Christian Borggreen of the big tech's lobby CCIA criticized this planned study as a "political hitjob", I have a more positive view of it. As the Commission has to assess the impact of all its legislative proposal, there is … Continue reading European Commission issues terms of reference for study on “platforms with significant network effects acting as gatekeepers”