An inverse analysis of the digital markets act: applying the Ne bis in idem principle to enforcement

Martínez, Alba Ribera

doi:10.1080/17441056.2022.2156729

Cited by 4 publications

(1 citation statement)

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“…Various analysts and lobbyists have commented on the rationale and the direction of the EU's shift in policy, its procedural and economic impact as well as any risk of over-or underregulation (see e.g. CompassLexecon, 2021;Ribera Martìnez, 2024;Hoffmann, 2023). Many see the EU's policy reform motivated by a realisation that competition law had achieved too little, too late in dealing with the digital transformation of markets.…”

Section: Digital Economymentioning

confidence: 99%

The EU’s Digital Markets Act: Regulatory Reform, Relapse or Reversal?

Boscheck

2024

Intereconomics

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As of 7 March 2024, the EU Commission began to enforce its controversial Digital Markets Act (DMA). This article sheds light on the recent debate. It lists the dos and don’ts of the DMA as well as stakeholder reactions to them before tracing some of the underlying motivations and reasoning that emerge from the EU’s current policy reversal with reference to dealing with abuse of dominant positions in line with Article 102 of the Treaty on the Functioning of the European Union. Following this, the paper reviews economic aspects of digital platforms, concerns about market foreclosure and essential facility as well as appropriate remedies before closing with a discussion of the challenges in stipulating and enforcing efficient rules to govern digital platforms. It is argued that the DMA ought to be rewritten to stipulate clear and cogent legal standards, return to a strengthened system of ex post control and provide platforms with the opportunity to deliver efficiency defenses as part of corporate self-regulation.

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Section: Digital Economymentioning

confidence: 99%

The EU’s Digital Markets Act: Regulatory Reform, Relapse or Reversal?

Boscheck

2024

Intereconomics

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Rocking the Contestability and Fairness Foundations: Multi-Level Governance and Trust Relations for Futureproofing the DMA’s Effectiveness

Ribera Martínez

2023

European Yearbook of International Economic Law

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Abuse of Dominance and the DMA – Differing Objectives or Prevailing Continuity?

Šmejkal¹

2023

Auc Iuridica

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A new EU regulation called the Digital Markets Act aims to keep digital markets open and fair in the face of the power of the so-called internet gatekeepers. Although the DMA has, at the first sight, much in common with Article 102 TFEU, which prohibits abuse of dominant positions, it declares itself to be a different instrument pursuing different objectives and protecting different legal interests. This text seeks to identify the similarities and differences in the values and objectives pursued between Article 102 TFEU and the DMA. Both are tools in the toolbox of the European Commission’s DG Competition and their complementarity is desirable in theory and practice if competition-incompatible regulation of selected online platforms is not to occur, possibly leading to their unwanted double punishment for the same thing. The analysis carried out leads to the conclusion that, despite the insistence on their separate nature and on differences in their objectives, a value consensus prevails between the two instruments.

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An inverse analysis of the digital markets act: applying the Ne bis in idem principle to enforcement

Cited by 4 publications

References 0 publications

The EU’s Digital Markets Act: Regulatory Reform, Relapse or Reversal?

The EU’s Digital Markets Act: Regulatory Reform, Relapse or Reversal?

Rocking the Contestability and Fairness Foundations: Multi-Level Governance and Trust Relations for Futureproofing the DMA’s Effectiveness

Abuse of Dominance and the DMA – Differing Objectives or Prevailing Continuity?

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