Enforcement

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…

Advocate General, Damages, Disclosure, Enforcement, Leniency, Private enforcement, Procedures, Public procurement, Settlement

(University of Vienna)/ /Leave a comment

The scope of the protection of leniency documents appears to be the central issue when it comes to the discussion about whether there is a conflict between private and public enforcement. AG Szpunar’s statements in the recently published Opinion (C-2/23) have now shed light on the CJEU’s possible direction for how to deal with this…

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…

Austria, Competition proceedings, Confidentiality, Damages, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Digitisation, Disclosure, Enforcement, European Commission, Evidence, Germany, National competition authorities (NCAs), Procedures, Proportionality, Regulation

(University of Vienna, Austria) and (University of Vienna)/ /Leave a comment

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…

Apps, Designation Decision, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Enforcement, Equal treatment, European Commission, Fair, reasonable and non-discriminatory (FRAND), Google, Self-preferencing

(University Villanueva, Spain)/ /2 Comments

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…

Competition and Markets Authority, Enforcement, Priority setting, United Kingdom

(University of Leeds) and (University of Amsterdam)/ /Leave a comment

On 30 October 2023, the British Competition and Markets Authority (CMA) published its new prioritisation principles. These principles aim to guide the CMA’s choice of work when enforcing the competition rules, particularly as the CMA does not have the resources to act in all instances. Seemingly little has changed in the text since the previous…

Dawn raids, Enforcement, Jurisdiction, National competition authorities (NCAs), National court

, (Jones Day)/ /Leave a comment

Dawn raids are back with a vengeance. In October 2021, when COVID-19 restrictions were being lifted, EVP M. Vestager stressed that after a two-year hiatus mandated by the pandemic, dawn raids were back (see here for the speech). After carrying out dawn raids in the fashion and the wood pulp industries, she warned that this…

Austria, Enforcement, Fines, Settlement

, (E+H Attorneys-at-Law)/ /Leave a comment

Introduction On 6 November 2023, the Austrian Federal Competition Authority (“FCA“) published its updated standpoint on settlements. The original standpoint dates back to 2014. Shortly after the first settlement at the European level had taken place in 2010, Austria had its first settlement in the “brewery case” in 2012. This was quickly followed by a…

Damages, Enforcement, Private enforcement

, (CDC Cartel Damage Claims Consulting)/ /Leave a comment

The Regional Court of Dortmund has asked the Court of Justice of the European Union (CJEU) for a preliminary ruling on the access of cartel victims to the so-called ‘assignment model’ (see here). Private enforcement of EU competition law is essentially driven by damage actions that bundle claims assigned by a multitude of victims to…