Digital Markets Act

Abuse of dominance, Advertising, Advocate General, Digital, Digital competition, Digital economy, Digital Markets Act, Enforcement, European Court of Justice, Facebook, Germany, References for a preliminary ruling

(University Carlos III of Madrid, Spain)/ /2 Comments

On 4 July 2023, the Court of Justice resolved the conundrum around the potential interaction between data protection regulation and competition law following the legal opera that started in 2019 with the German competition authority’s case against Facebook/Meta’s processing activities (for a summary of the case, see here). The ruling hops onto Advocate General Rantos’…

Abuse of dominance, Digital competition, Digital economy, Digital Markets Act, European Commission, Google, Proportionality, Remedies, Self-preferencing, Statement of Objections

(Leiden University & KU Leuven)/ /Leave a comment

Google’s behaviour in the advertising technology sector (Ad Tech) is under attack or, at the very least, it is being intensely scrutinised on both sides of the Atlantic. Google is already subject to several antitrust suits in the U.S. lodged against it by the Department of Justice (DoJ) and individual States. In the European Union,…

Class action, Collective Redress, Digital competition, Digital Markets Act, Private enforcement

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Introduction With the provisions of the Digital Markets Act (‘DMA’, ‘Regulation’) going into effect as of 2 May 2023, the European Union has introduced its ex-ante instrument to regulate the digital markets. This innovative body of rules targets large digital platforms which provide ‘core platform services’ and qualify as ‘gatekeepers’ (Article 2(1). Such online platforms…

Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, European Commission

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On 6 June 2023, the European Commission launched for public consultation its Template for Reporting pursuant to Article 11 of the DMA (the Template). The Template builds upon the substance of Article 11 of the DMA, which mandates designated gatekeepers (yet to come in early September): i) to provide the Commission with a report describing…

Digital competition, Digital economy, Digital markets, Digital Markets Act, Türkiye

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Introduction In line with the global trend, the Turkish Competition Authority (TCA) has recently displayed a remarkable level of interest in addressing competition concerns in digital markets. Maybe being one of the months where the output of the TCA has peeked its highest, in April 2023 the TCA announced (i) the publication of the Preliminary…

Data protection, Digital competition, Digital economy, Digital Markets Act, European Commission, Ex ante regulation, Online advertising, Online advertising restrictions, Online platforms, Platforms, Privacy, Regulation

(University Carlos III of Madrid, Spain)/ /Leave a comment

The DMA will start to apply on March 2024. Starting on the 2nd of May, the gatekeepers have a maximum of two months to notify their gatekeeper status to the European Commission (EC). The European Commission (EC) has acquired the compromise to make the process of the DMA’s future implementation, monitoring and oversight of compliance as…

Digital competition, Digital economy, Digital markets, Digital Markets Act, European Commission, European Union, Ex ante regulation, Regulation

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Last 9 December, the European Commission issued its first draft implementing regulation for the DMA setting out the practical details surrounding the procedures around the gatekeeper’s designation (see the overview of the draft here). The feedback period surrounding the draft finished on 9 January 2023. On 14 April, the European Commission made public the first…

Digital competition, Digital economy, Digital markets, Digital Markets Act, Germany, New Competition Tool, Sector inquiries

(University Carlos III of Madrid, Spain)/ /Leave a comment

The German Federal Ministry for Economics and Climate Action published the draft for the 11th amendment of the Competition Act (GWB) on the 6th of April, following the same path towards the DMA’s effective implementation under the powers conferred upon NCAs pursuant to Article 38(7). Up until now, The Netherlands has also issued the draft…

Digital Markets Act, Governance, Privacy, Procedures

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On 23 March 2023, the European Commission issued its Decision to set up the High-Level Group for the Digital Markets Act (the ‘Decision’). In a previous blog post, the discussion of the DMA and the NCAs intervention in its monitoring and compliance was addressed (see here). Even though the first draft of the DMA issued…

Abuse of dominance, Digital markets, Digital Markets Act, European Court of Justice, European Union, Ex ante regulation, Hungary, Information exchange, Netherlands

(University Carlos III of Madrid, Spain)/ /Leave a comment

On 13 March 2023, the Ministry of Economic Affairs and Climate of The Netherlands published the first draft of its implementing regulation (the ‘Draft Bill’) subject to public consultation until the 10th of April, to attribute its national competition authority (ACM) with the power to monitor compliance with the DMA in its national territory. The…