Implementing the DMA: substantive and procedural principles
Implementing the DMA: substantive and procedural principles

Author: Alexandre de Streel

Publisher: Centre on Regulation in Europe (CERRE) asbl

Published: 2024-01-17

Total Pages: 162

ISBN-13:

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In the dynamic landscape of EU digital platforms regulation, we are at a focal point of discussions shaping the future of implementation of the Digital Markets Act – arguably one of the most important pieces of legislation of the current times’ digital policy sphere. With the DMA aiming for contestability and fairness in digital markets, designated gatekeeper platforms are set to unveil their compliance plans on March 2024. The European Commission, in its unique role as an enforcer, will lead the work of determining non-compliance and ensure that the DMA fulfils its ambitious goals. However, the success of implementation will depend on the principles on which the new law will be applied. This CERRE report recommends that the DMA implementation process should be guided by the substantive principles of effectiveness, proportionality, non-discrimination, legal predictability, and consistency with other EU laws. Furthermore, the Commission will have to approach enforcement taking into account the procedural principles of responsive regulation and participation, due process, and ex ante and ex post evaluation. The report then applies those principles to series of specific DMA obligations: choice architecture, horizontal and vertical interoperability and data related obligations. It is also essential to agree on how the Commission, gatekeepers, and third parties will engage with each other. The DMA provides a model of compliance which is not based solely on deterrence; instead, the gatekeepers are encouraged to and will comply by engaging co-operatively with the Commission and third parties. However, it is still up for question how this principle will be applied, what it expects from the stakeholders, and how the Commission itself will exercise its deterring powers to enforce compliance. On top of it all, this CERRE DMA edition is also proposing a set of quantitative measurement indicators, so-called output indicators, each relating to a particular obligation or set of obligations, in order to better understand the impact of obligations on the relations between gatekeepers and third parties. These quantitative indicators will not represent specific targets or thresholds against which compliance should be assessed. They will neither attempt to measure the effect of changes in conduct on market outcomes for users nor, more generally, competition. These quantitative measures will be added to other evidence, such as complaints or qualitative representations from affected parties, including gatekeepers, which the Commission will consider in its compliance assessments. This report was written in the framework of a 8-months-long, multi-stakeholder CERRE initiative entitled the ‘DMA Compliance Forum’ that created a neutral and trusted platform and facilitated dialogue among CERRE members and academics to contribute to the effective and proportionate enforcement of the regulation.

The New EU Competition Law
The New EU Competition Law

Author: Pablo Ibáñez Colomo

Publisher: Bloomsbury Publishing

Published: 2023-12-14

Total Pages: 335

ISBN-13: 1782259155

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This book provides the first comprehensive account of the New EU Competition Law: an emerging understanding of the discipline that breaks from the consensus of the early 2000s and that ventures into uncharted territories. Competition law has undergone fundamental transformations in the past decade, from the rise and fall of the 'effects-based approach' to the challenge of Big Tech and the growing interaction with intellectual property. Making sense of these changes and fully grasping their implications can be difficult. The book discusses the shift from traditional enforcement in the industrial era to the sort of intervention that a knowledge-based economy demands. It presents the changes that the field is undergoing (policy priorities, relationship with regulation and intangible assets, move away from efficiency and consumer welfare) and illustrates them by reference to the most significant developments. The analysis includes an up-to-date evaluation of the Digital Markets Act and addresses the application of EU competition law to key areas, including energy, pharma, telecommunications and online platforms. Conceived as a 'modular' book, practitioners and advanced students will find it useful as a map to navigate the underlying trends and as an in-depth dissection of the key case law and administrative practice of the past decade.

The Notion of Restriction of Competition
The Notion of Restriction of Competition

Author: Damien Gerard

Publisher: Bruylant

Published: 2017-03-16

Total Pages: 336

ISBN-13: 2802757555

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The transformations induced by the process of “modernisation”, including in its substantive dimension, as well as recent judgments by the EU Courts, have left many lawyers and economists wary as to the standards actually governing findings of antitrust infringement under EU competition law, thereby affecting their ability to advise businesses effectively on the design of their commercial practices. While not ignoring institutional constraints, this volume revisits the notion of restriction of competition in the framework of Articles 101 and 102 TFEU with a view to taking stock of recent developments, to identifying common trends and to informing the application of core EU antitrust principles in current market contexts. Associating lawyers and economists, practitioners and academics, it seeks both to revisit long-standing theories of harm to competition and to explore novel forms of antitrust concerns.

The Regulation of Digital Technologies in the EU
The Regulation of Digital Technologies in the EU

Author: Vagelis Papakonstantinou

Publisher: Taylor & Francis

Published: 2024-03-19

Total Pages: 128

ISBN-13: 1040001602

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EU regulatory initiatives concerning technology-related topics have spiked over the past few years. On the basis of its Priorities Programme, which is focused on making Europe ‘Fit for the Digital Age’, the European Commission has been busily releasing new texts aimed at regulating a number of technology topics, including data uses, online platforms, cybersecurity, and artificial intelligence. This book identifies three phenomena which are common to all EU digital technologies-relevant regulatory initiatives: act-ification, GDPR mimesis, and regulatory brutality. These three phenomena serve as indicators or early signs of a new European technology law-making paradigm that now seems ready to emerge. They divulge new-found confidence on the part of the EU digital technologies legislator, who has now asserted for itself the right to form policy options and create new rules in the field for all of Europe. Bringing together an analysis of the regulatory initiatives for the management of technology topics in the EU for the first time, this book will be of interest to academics, policymakers, and practitioners, sparking academic and policymaking interest and discussion.

EU Administrative Law
EU Administrative Law

Author: Paul Craig

Publisher: Oxford University Press

Published: 2018-10-25

Total Pages: 994

ISBN-13: 0192567454

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The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.

The Evolving Governance of EU Competition Law in a Time of Disruptions
The Evolving Governance of EU Competition Law in a Time of Disruptions

Author: Carlo Maria Colombo

Publisher: Bloomsbury Publishing

Published: 2024-02-08

Total Pages: 360

ISBN-13: 1509951806

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This book develops a timely analysis of the complex trends and transformations emerging in EU competition law in the current turbulent times. Repeated economic crises, the climate emergency, digitalisation, and geopolitical and democratic threats are all having profound societal and economic effects on the EU. In light of its fundamental role in the Treaties, EU competition law has been called upon to play an important role in responding to this state of 'turbulence'. This brings about significant governance and constitutional challenges, firstly by questioning how the governance of EU competition law is being transformed to respond and adapt. Secondly, these crisis-induced transformations probe the logic and constitutional limits of EU competition law within the framework of EU law. This collection brings together EU institutional and competition lawyers to reflect on the governance and constitutional challenges emerging from the post-modernisation evolution of EU competition law against the backdrop of the recent multiple crises in the EU. The essays focus on the substantive and procedural developments across the three main policy areas of EU competition law: antitrust, merger control and State aid. EU constitutional and competition lawyers will be interested in this important new collection.