The Digital Markets Act (DMA) was initially designed according to a centralised system of enforcement. At least, that was the configuration the European Commission presented within its first draft of the regulation. During the legislative process, the DMA’s enforcement system slightly pivoted to a quasi-centralised system of enforcement. National competition authorities (NCAs) of the Member…

The DMA seeks to capture gatekeeper conduct. For that, the regulation applies to those targets of the regulation satisfying the legal category of a gatekeeper. If an undertaking is not a gatekeeper as per a designation decision issued by the European Commission (EC), then it will not remain captured by the regulatory instrument. In September…

The Digital Markets Act (DMA) entails a change in the narrative of the punitive framework applied to digital dominant undertakings under EU competition law. At least, that’s what the European’s digital strategy proposed it to be. The failure of antitrust followed a new paradigm in applying per se rules to gatekeepers, based on cooperative-like mechanisms…

In light of recent information about new probes under the DMA and the DSA, and the growing interest in enforcement of the draft AI Act, we decided to explore what investigatory powers are available to the European Commission and local authorities under these regulations, and more specifically how the enforcing authorities can conduct dawn raids…

In a preliminary ruling issued on 14 March 2024, the District Court in Warsaw (DCW) granted Ceneo Ltd. an interim injunction in respect of non-monetary claims against Google Ireland Ltd. to cease acts of unfair competition on the Polish territory, consisting in the creation of market entry barriers for the plaintiff. This ruling precedes (temporarily…

Ever since its introduction in 2021, Section 19a of the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen or “GWB”) has attracted attention, not only in Germany, but also around the globe. Through this provision, the national legislator strengthened the regulatory framework against potentially anti-competitive practices by specific market players, namely “undertakings of paramount…

The Digital Markets Act (DMA) is set out as a complementary and separate regulatory instrument to EU competition law as well as to the application of national competition law provisions at the Member State level. In parallel, the regulation’s legal basis is Article 114 of the TFEU. Fragmentation in digital rulemaking was to be detached…

The Digital Markets Act (DMA) introduced an innovative framework aimed at promoting contestability and fairness in digital markets. In addition to imposing a multitude of substantial obligations on gatekeepers, the DMA incorporates a sophisticated and multi-faceted enforcement system. The European Commission assumes the primary role as the enforcer of the DMA, while the Member States…

The Digital Markets Act (DMA) became entirely applicable on 7 March 2024. By then, the gatekeepers issued their compliance reports documenting their technical solutions and implementation of the DMA’s provisions under Article 11 DMA as well as their reports on consumer profiling techniques as required under Article 15 DMA (see here). During the last week, I have covered…

The Digital Markets Act (DMA) became entirely applicable on 7 March 2024. By then, the gatekeepers issued their compliance reports documenting their technical solutions and implementation of the DMA’s provisions under Article 11 DMA as well as their reports on consumer profiling techniques as required under Article 15 DMA (see here). I will be covering…