Digital Markets Act

Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Interoperability

(University Villanueva, Spain)/ /Leave a comment

A regulatory dialogue entails at least two parties exchanging their views to reach a conclusion on a common topic. That’s what first comes to mind, at least. Well, the European Commission (EC)’s idea of such a dialogue differs greatly from that. Exhibit A: the EC’s publication of its preliminary findings on the two ongoing cases…

Abuse of dominance, Digital competition, Digital economy, Digital markets, Digital Markets Act, New Competition Tool, Policy, Remedies, Structural competition problems, Technological Development

, (University of Utrecht)/ /Leave a comment

Introduction Big tech platforms possess characteristics that lead to entrenched structural power and a lack of competition. One notable feature is the existence of extreme economies of scale, arising from the minimal marginal costs associated with additional business users or end users. Furthermore, the services offered by these platforms exhibit strong network effects and an…

Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Regulation

(University Villanueva, Spain)/ /Leave a comment

Digital platforms behave as quasi-governments replacing regulators in their public duties of decision-making and rule-setting. To address this shift, legislators in different jurisdictions are adopting digital regulations across various fields, notably to curb digital market power or content moderation. The striking difference between these rules and those set out in the past lies in the…

Digital, Digital markets, Digital Markets Act, Enforcement, European Commission

(Morais Leitão)/ /Leave a comment

Key message The discretion afforded to the European Commission (‘EC’) is of central importance with regard to the implementation and enforcement of the Digital Markets Act (‘DMA’). If viewed as arbitrariness, particularly in view of a normative framework that arguably permits such a perspective, the European Commission’s decisions may potentially jeopardise the rule of law…

Australia, Designation Decision, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act

(University Villanueva, Spain)/ /Leave a comment

A new kid may join the digital tech regulation block. On 2 December, the Australian Treasure proposed a new digital competition regime addressing digital market power. The policy of the Australian legislator and enforcer builds on its long-term digital strategy, triggered in 2017. For more than seven years now, the Australian Competition and Consumer Commission…

Compliance, Digital competition, Digital economy, Digital markets, Digital Markets Act

(University Villanueva, Spain)/ /Leave a comment

The Digital Markets Act (DMA)’s provisions started to apply on 2 May 2023. Since then, undertakings have been forced to check whether they met the quantitative thresholds. If that was the case, the DMA compelled them to notify their potential gatekeeper status to the European Commission. The first wave of designation decisions relating to six gatekeepers…

AI, Data protection, Digital markets, Digital Markets Act

(University Villanueva, Spain)/ /Leave a comment

Deployment of systems of Artificial Intelligence (AI) has become mainstream and popular with small and large economic operators. One of the most raging developments includes services relying on natural language processing (NLP) taking the form of chatbots. In a previous blog post, I explored the opportunities the Digital Markets Act (DMA) provides the regulator to…

Conference, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Digital Services Act, Digitisation, Enforcement

(University of Vienna)/ /Leave a comment

While core competition law enforcement has been going on for a while, the enforcement of the adjacent digital regulation is just beginning. The conference “Tools for Better Enforcement of EU Law in the Digital Space” dealt with such problems and took place on November 7 and 8, 2024 at the European Legal Studies Institute (ELSI)…

Data protection, Digital markets, Digital Markets Act, Enforcement, European Commission

(European University Institute)/ /Leave a comment

As the DMA’s enforcement is in full swing, the complexities of its specific provisions and questions regarding their interpretation are beginning to surface. On 25 March 2024, the European Commission launched formal proceedings to investigate Meta’s ‘pay-or-consent’ model, introduced in November 2023 for Facebook and Instagram, sparking a significant discussion on the interpretation of Article…

App stores, Apple, Digital competition, Digital economy, Digital Markets Act, Interoperability

(University Villanueva, Spain)/ /Leave a comment

To commemorate the Digital Markets Act’s initial designation decisions, in September the European Commission issued its first two decisions opening specification proceedings on Apple’s technical implementation of Article 6(7) DMA (see case DMA.100203 and case DMA.100204). These are the first specification proceedings triggered by the European Commission as stemming from its capacity to do so…