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Restrictions Of Eu Competition Law In The Digital Age
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Book Synopsis Restrictions of EU Competition Law in the Digital Age by : Bernadette Zelger
Download or read book Restrictions of EU Competition Law in the Digital Age written by Bernadette Zelger and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth legal analysis concerning the notion of restrictions of competition, be it by object restrictions according to Article 101 TFEU or prima facie abusive practices treated according to the form-based approach under Article 102 TFEU. Although extensive research has been conducted on the notion of object infringements of competition, there is no systematic review of this topic covering both competition provisions, namely Articles 101 and 102 TFEU. This book fills that gap by providing an extensive analysis of the relevant case law, while also covering new phenomena stemming from the digital revolution and its impact on the functioning of traditional markets. In this regard, particular attention is paid to the concept of prima facie infringements and the analysis necessary for their successful establishment. Object restrictions and object abuses are not infringements per se in the sense that they can be established in the abstract and without consideration of the actual legal and economic context (context analysis) within which a measure is implemented. Hence, the indispensable context analysis is informed by the potential economic effects of a given measure. Examining the changes regarding the economic reality and how markets work in the digital economy, this book makes a valuable contribution to the current debate about whether our competition law toolkit is fit and proper to deal with the challenges posed by digitalization. The author argues that while there is a coherent framework covering both Treaty competition provisions as regards object restrictions of competition, the increased use of an actual effect analysis and thus the concept of a restriction of competition by effect represents an underestimated (and underused) weapon for combating measures that are ambivalent from a competition law perspective as regards their (anticompetitive or non-detrimental) nature in a digital economy.
Book Synopsis Restrictions of EU Competition Law in the Digital Age by : Bernadette Zelger
Download or read book Restrictions of EU Competition Law in the Digital Age written by Bernadette Zelger and published by Springer Nature. This book was released on 2023-06-28 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth legal analysis concerning the notion of restrictions of competition, be it by object restrictions according to Article 101 TFEU or prima facie abusive practices treated according to the form-based approach under Article 102 TFEU. Although extensive research has been conducted on the notion of object infringements of competition, there is no systematic review of this topic covering both competition provisions, namely Articles 101 and 102 TFEU. This book fills that gap by providing an extensive analysis of the relevant case law, while also covering new phenomena stemming from the digital revolution and its impact on the functioning of traditional markets. In this regard, particular attention is paid to the concept of prima facie infringements and the analysis necessary for their successful establishment. Object restrictions and object abuses are not infringements per se in the sense that they can be established in the abstract and without consideration of the actual legal and economic context (context analysis) within which a measure is implemented. Hence, the indispensable context analysis is informed by the potential economic effects of a given measure. Examining the changes regarding the economic reality and how markets work in the digital economy, this book makes a valuable contribution to the current debate about whether our competition law toolkit is fit and proper to deal with the challenges posed by digitalization. The author argues that while there is a coherent framework covering both Treaty competition provisions as regards object restrictions of competition, the increased use of an actual effect analysis and thus the concept of a restriction of competition by effect represents an underestimated (and underused) weapon for combating measures that are ambivalent from a competition law perspective as regards their (anticompetitive or non-detrimental) nature in a digital economy.
Book Synopsis Competition Policy for the Digital Era by :
Download or read book Competition Policy for the Digital Era written by and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Commissioner Vestager has asked us to explore how competition policy should evolve to continue to promote pro-consumer innovation in the digital age. We structured our report as follows. First, we describe the digital world and what we see as the main ways in which markets function in the digital era (Chapter 2). We then outline our views of the goals of EU competition law in the digital era and the methodologies it should use (Chapter 3). Second, with this framework as background, we discuss the application of competition rules to platforms (Chapter 4) and data (Chapter 5), and we inquire whether European merger control needs an update (Chapter 6). We finally provide our conclusions. An important caveat at the outset: we make general suggestions, but of course digital services can be very diverse and the ways they compete require, as always under competition law, a case-by-case analysis.
Book Synopsis Competition, Data and Privacy in the Digital Economy by : Maria Wasastjerna
Download or read book Competition, Data and Privacy in the Digital Economy written by Maria Wasastjerna and published by Kluwer Law International B.V.. This book was released on 2020-07-16 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, we conduct our lives online, and in doing so, we grant access to our personal information. The crucial feedstock of the world economy thus generated - the commercialization and exploitation of personal data and the intrusion of digital privacy it entails - has built an imposing edifice of market power. As we enter the third decade of the 21st century, this detailed exploration of the interlinkage between competition and data privacy takes a critical look at competition policy to evaluate whether the system in its current form and with the existing approach is capable of tackling the challenges raised by the role of personal data in the shift from an offline to an online economy. Challenging the commonplace assumption that privacy has little or no role and relevance in competition law, the author’s penetrating analysis accomplishes the following and more: provides an in-depth understanding of the intersection of competition and privacy in the data-driven economy; surveys legal policy developments on the role of privacy in competition law; underlines the importance of non-price parameters in competition, such as consumer choice; clearly explains why and how competition law can protect privacy among its policy objectives; and addresses challenges in measuring the intangible harm of digital privacy violation in assessing abuse of market power. Recent case law in Europe and elsewhere, a revealing comparison between relevant European Union (EU) and United States (US) practice, the expanded role of the EU’s Competition Commissioner, and the likely impact of such phenomena as the coronavirus pandemic are all drawn into the book’s remit. In her analysis of the growing privacy dimension in competition policy, the author examines the topic from a broad perspective that includes societal, political, economic, historical and cultural elements. Her insightful multidimensional and value-based review will prove of immeasurable value to practitioners, academics, policymakers and enforcers in its identification of implications for business practice as we go forward.
Book Synopsis Digital Competition Law in Europe by : Marc Wiggers
Download or read book Digital Competition Law in Europe written by Marc Wiggers and published by Kluwer Law International B.V.. This book was released on 2023-07-14 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘Digital competition’, a term and concept that has risen to the forefront of competition law, may be viewed as both promising and cautionary: on the one hand, it brings the promises of increased speed, efficiency and objectivity, and, on the other, it entails potential pitfalls such as hard-to-identify pathways to unfair pricing, dominant positions and their potential abuse, restriction of choice and abuse of personal data. Accordingly, jurisdictions around the world are taking measures to deal with the phenomenon. In this concise but thoroughly researched book – both informative and practical – lawyers from two prominent firms with specialised digital competition teams take stock and examine the state of digital competition in the enforcement practices of six competition authorities in Europe, most of these forerunners in the field of digital competition policy and enforcement. The competition authorities surveyed are those of the European Union, the United Kingdom, France, Germany, the Netherlands and Belgium. For each, an overview, spanning the period from 2012 to mid-2022 but including as many landmark cases as possible up to and including December 2022, includes not only landmark cases in which digital technologies have had a significant impact on the competition law outcome but also guidance documents such as speeches, policy statements, industry surveys and research reports. Activities and enforcement practices of the various authorities include the following and more: degree of activity; focus of the activity; enforcement styles; enforcement instruments; visible effectiveness of enforcement; and important insights and outlooks. Each overview contains separate chapters on cartel prohibition, the prohibition of abuse of a dominant position and merger control. Additional chapters – partially written by guest authors (who are all without a doubt true thought leaders: Tristan Byrne, Giuseppe Colangelo, Ai Deng, Teodora Groza, Daniel Mândrescu, Wolf Sauter, Thibault Schrépel, and Gareth Shier) – evaluate the similarities and differences in the enforcement practices and the positive and negative effects of digital competition in the jurisdictions investigated, the economic context, the most important game changers, and a concluding chapter offers recommendations. An indispensable guide to quickly and accessibly acquiring in-depth knowledge of competition law in the digital sector, this matchless volume is a must-read for any practitioner or academic who encounters competition law related to digital markets. The dilemmas and challenges of the new competition law reality – which is here already, like it or not – are clearly explained here for the benefit of regulators, academics, policymakers, judges, in-house counsel and lawyers specialising in competition law and intellectual property law.
Book Synopsis Competition Law for the Digital Economy by : Björn Lundqvist
Download or read book Competition Law for the Digital Economy written by Björn Lundqvist and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The digital economy is gradually gaining traction through a variety of recent technological developments, including the introduction of the Internet of things, artificial intelligence and markets for data. This innovative book contains contributions from leading competition law scholars who map out and investigate the anti-competitive effects that are developing in the digital economy.
Book Synopsis Digital Platforms, Competition Law, and Regulation by : Kalpana Tyagi
Download or read book Digital Platforms, Competition Law, and Regulation written by Kalpana Tyagi and published by Hart Publishing. This book was released on 2025-08-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book offers a comparative and inter-disciplinary perspective on the unique competition law challenges presented by the converged digital markets. Following the digitalisation of even the most traditional bricks-and-mortar sectors of the economy, a well-functioning internal market can only be guaranteed by ensuring the competitiveness of the digital markets. What role do intellectual property law and competition law play in this digital world? How can a more economic analysis strengthen innovation policies to achieve a truly competitive digital single market? The book provides a rigorous discussion of the many reasons why the regulatory responses, not just in Europe but in other jurisdictions too, may fall short. It addresses an array of procedural, substantive and other issues that are generating intense debate across the antitrust community. This includes the scope and objectives of digital regulation, whether the application of ex-ante rules would result in fragmentation and inconsistencies, and whether such regulatory regimes are an appropriate tool for substantive assessment. The book explores whether the application of these rules would effectively tackle the competition enforcement challenges seen under the competition laws, whether they can be applied without undermining other rights such as privacy, and whether they are appropriate for this digital age as well as the new digital era ahead of us. Part 1 offers a detailed inter-disciplinary perspective on the most recent legislative solutions in the European Union, namely, the Digital Services Act, the Digital Markets Act, and the Data Act. Part 2 offers competition and regulatory responses to these ever-emerging digital challenges by the UK, Latin American, Indian and Chinese regulators. The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com.
Book Synopsis Vertical Restraints in the Digital Economy by : Adina Claici
Download or read book Vertical Restraints in the Digital Economy written by Adina Claici and published by Kluwer Law International B.V.. This book was released on 2021-05-21 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vertical agreements between undertakings at the various levels of a supply chain have long been seen as a fundamental focus for antitrust legislation, such as the European Union’s Vertical Block Exemption Regulation (VBER). It goes without saying that such issues are particularly prevalent in digital markets. This authoritative commentary analyses the main restrictions in vertical agreements, emphasising the numerous new and contentious issues arising in the context of Internet distribution. It offers both legal and economic perspectives, as well as examines enforcement and possible changes to the legislation. The contributors – leading competition authority officials, lawyers, economists, and academics – provide in-depth discussions of topics that have emerged as areas for conscious policy choices, including the following: restrictions of online sales; price parity obligations; resale price maintenance; the duration of non-compete obligations; sustainability agreements; geo-blocking practices; and restraint of trade in pharmaceuticals. The contributions have emerged from the 2020 conference of the Global Competition Law Centre at the College of Europe in the context of the currently ongoing review of the VBER and vertical guidelines. With its multidisciplinary approach highlighting the efficiencies and harms caused by the restrictions at stake, this important book clearly shows how law and practice apply to specific issues relating to digital markets and how the law is likely to change in the near future. It will be of immeasurable value to lawyers and officials concerned with European competition law and academics in the field.
Book Synopsis Eu Competition Law, Digital Economy Hb by : MANDRESCU
Download or read book Eu Competition Law, Digital Economy Hb written by MANDRESCU and published by . This book was released on 2020-07-15 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is available digitally as an Open Access resource at www.boomdenhaag.nl. Click here to access the content. For more information about XXIX FIDE Congress (12-15 May 2021), please visit: fide2020.eu. The proceedings of the XXIX FIDE Congress in The Hague in 2020 are published in four volumes. This book (Vol. 3) contains the reports of the General Rapporteurs (Nicolas Petit and Pieter Van Cleynenbreugel), the Institutional Rapporteur (Thomas Kramler) and the National Rapporteurs on Topic 3: EU Competition Law and the Digital Economy: Protecting Free and Fair Competition in an Age of Technological (R)evolution.
Book Synopsis The Shaping of EU Competition Law by : Pablo Ibáñez Colomo
Download or read book The Shaping of EU Competition Law written by Pablo Ibáñez Colomo and published by Cambridge University Press. This book was released on 2018-07-12 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: A ground breaking study of how the interaction between the European Commission and the EU Courts has shaped EU competition law.
Book Synopsis Competition Law for the Digital Era by : Ioannis Lianos
Download or read book Competition Law for the Digital Era written by Ioannis Lianos and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the global economy incurs a process of transformation by the ongoing 'fourth industrial revolution', competition law is traversing a 'liminal' moment, a period of transition during which the normal limits to thought, self-understanding and behaviour are relaxed, opening the way to novelty and imagination, construction and destruction. There is need for the discussion over the role of competition law in the digital era to be integrated to the broader debate over the new processes of value generation and capture in the era of digital capitalism and the complex economy to which it has given rise to. This complex digital economy is formed by a spider web of economic links, but also their underpinning societal relations, between different agents. However, competition law still lives in the simple world of neo-classical price theory (NPT) economics, which may not provide adequate tools in order to fully comprehend the various dimensions of the competition game. The emphasis put recently by competition authorities on multi-sided markets in order to analyse restrictions of competition in the data economy illustrates the agents' changing roles and the complexity of their interactions, as the same agents can be at the same time consumers and producers while their personal data raw material for the value generation process.It becomes therefore essential to uncover the new value capture and value generation processes in operation in the digital economy, and draw lessons for the optimal design and enforcement of competition law, rather than take the established competition law framework as a given and try to stretch within it a quite complex reality that may not fit this Procrustean iron bed. These approaches should engage with the complex economics of digital capitalism, and in particular the role of futurity and financialisation, personalisation and cybernetics.These new developments, first, call for a re-conceptualisation of the goals of competition law in the digital era, as competition law moves from the calm and predictable waters of 'consumer welfare', narrowly defined, to integrate considerations of income/wealth distribution, privacy and complex equality.Second, it also requires a revision of the current understanding of the nature of the competitive game, which only focuses on horizontal rivalry in product and eventually technology markets. This is of course an important dimension of competition, but hardly the most significant one in the current process of value generation and capture in the digital economy. Firms do not only compete on the product market dimension, but in the today's financialised economy, probably the most important locus of competition is capital markets. The process of financialisation has important implications for the development of digital capitalism, an issue that the paper explores in detail for the first time in competition law and economics scholarship. Financial markets evaluate companies in view of expected returns in the not so near future, often linked to the emergence of bottlenecks or the perception that a firm holds important assets and resources (e.g. data, algorithms, specialised labour). The role of financial markets' evaluation in driving business strategies in the era of digital and financialised capitalism is linked to the 'subtle shift of mindset' in digital capitalism 'from profit (and isolating mechanisms) to wealth creation (and the potential for asset appreciation)' as value is created by investing in assets that will appreciate.Third, this calls for a consideration, not only of horizontal competition, but also of vertical competition, the competition for a higher percentage of the surplus value brought by innovation, and competition from complementary technologies that may challenge the lead position in the value chain of the incumbents (vertical innovation competition). Fairness considerations, among other reasons, may also lead competition authorities to not only focus on inter-platform/ecosystem competition but to also promote intra-platform/ecosystem competition, as this may be a significant element of the competitive game.To implement this broader focus of competition law, we need to develop adequate conceptual tools and methodologies. A recurrent problem is the narrow definition of market power in competition law, whose presence often triggers the competition law assessment, and which is also intrinsically linked to the step of market definition. This currently ignores possible restrictions of vertical competition, personalisation and the predictive role of digital platforms, which may become source of harm for consumers, the competitive process, or the public at large. It is important to engage with concepts of vertical power and the paper develops a typology of vertical power, combining in an overall conceptual framework the various concepts of non-structural power that have been used so far in competition law literature and some new ones (positional and architectural power). This conceptualisation offers an overall theoretical framework for vertical power that is necessary for sound competition law enforcement, and which has been lacking so far. The paper also explores specific metrics for vertical power, although this is still work in progress. Another important tool that competition authorities may employ in order to map the complex competitive interactions (horizontal and vertical) in the digital economy is the value chain approach. Although competition authorities have already used this tool in sector/industry inquiries, they have not in competition law adjudication. A value chain approach enables competition authorities to better assess the bargaining asymmetries across the various segments of the value chain that may result either from the lack of competition on the markets affected or from the central position of some actors in the specific network and their positioning in the value chain. This tool may complete the market definition tool.The effectiveness of competition law in the digital age may be curtailed by the cross-side network effects linked to positive feedback loops, increasing returns to scope and scale, the intense learning effects linked to AI, and the propensity of digital markets to tip. Hence, competition law on its own may not be sufficient to address the market failures in the digital economy. One therefore needs to take a toolkit approach that would combine different fields of law and regulation, competition law playing a primordial role in this new regulatory compass. This toolkit approach may rely on different combinations in each jurisdiction, on the basis of the institutional capabilities and the relative efficiency of the various regulatory alternatives, any choice being between imperfect, if perceived in isolation, institutional alternatives.
Book Synopsis Public and Private Enforcement of EU Competition Law in the Age of Big Data by : ZOBOLI LAURA
Download or read book Public and Private Enforcement of EU Competition Law in the Age of Big Data written by ZOBOLI LAURA and published by Giappichelli. This book was released on 2024-04-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes the final output of the COMP.EU.TER Project (Public and Private Enforcement of EU Competition Law in the Age of Big Data), cofunded by the Training of National Judges Programme of the European Union (GA HT.6149 SI2.858159). Over two years, the COMP.EU.TER Project provided training to national judges and apprentice judges on the enforcement of EU competition law in the digital era. Training activities were organized by the Universities of Turin, Milan and Genoa in the form of seminars, lectures and online materials made available on the project’s e-learning platform (www.compeuter.unito.it). In addition, the project benefitted from a wider network of associated partners (the Universities of Antwerp, Ferrara, Aberdeen, Rotterdam, Warsaw and Zaragoza) which contributed by providing materials for the COMP.EU.TER e-learning platform and promoting the training activities among the respective national judiciaries. On 30th November and 1st December 2023, the Final Conference of the COMP.EU.TER Project was held at the Palazzo di Giustizia in Milan, which houses both the Court of Milan and the Court of Appeal of Milan. Over two days, the speakers addressed a selected audience of national judges from over ten Member States, tackling the most relevant developments in the public and private enforcement of EU competition law in the context of digital markets. The aim of the COMP.EU.TER Project has been, primarily, to raise the awareness of national judges about the challenges posed by the application to the digital world of traditional competition law concepts developed in the “analogic” world. Not only do the big data revolution and the up-surging diffusion of data analytics facilitate the commission of existing antitrust violations, but they also originate new types of anti-competitive behaviours that could not be committed in the analogic world (e.g. algorithmic collusion, behavioural discrimination). In addi-tion, the structure and the dynamics of digital markets put traditional tools of competition law enforcement under strain, increasing the bur-den of both administrative authorities and courts. Against this backdrop, the COMP.EU.TER Project has sought to bet-ter prepare national judges for the task of enforcing EU competition law in digital markets, by helping them familiarise with the most recent legis-lation, case law and practice. The book shares this goal, and its primary targets are national judges dealing with competition law in the courts of the Member States. We hope that the book may guide them in this diffi-cult task, in a context where profound transformations in technology, market structure and regulatory landscape present the enforcers with unprecedented challenges. For similar reasons, we expect it to provide useful insights to legal practitioners and academics interested in understanding the way EU competition law is and will be applied to digital markets.
Book Synopsis The Shaping of EU Competition Law by : Pablo Ibáñez Colomo
Download or read book The Shaping of EU Competition Law written by Pablo Ibáñez Colomo and published by Cambridge University Press. This book was released on 2018-07-12 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a unique and comprehensive database, The Shaping of EU Competition Law combines qualitative and quantitative approaches to shed light on the evolution of EU competition law. It brings a new perspective to some of the most topical issues in the field including due process and the intensity of judicial review. The author's main purpose is to examine how the institutional structure influences the substance of EU competition law provisions. He seeks to identify patterns in the behaviour of the European Commission and the EU Courts and how they interact with each other. In particular, his analysis considers how the European Commission reacts to the case law and whether, and in what instances, the EU courts defer to the analysis of the administrative authority. The analysis is supported by the database and an unprecedented array of statistics and figures free to view online.
Book Synopsis EU Competition Law and Regulation in the Converging Telecommunications, Media and IT Sectors by : Nikos Th Nikolinakos
Download or read book EU Competition Law and Regulation in the Converging Telecommunications, Media and IT Sectors written by Nikos Th Nikolinakos and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the most thoroughgoing model yet offered to ensure the emergence of a genuinely competitive electronic communications industry in Europe. In the course of its in-depth analysis the discussion focuses on such factors as the following: EU telecommunications policy as revealed in liberalization and harmonization legislative measures; the EU electronic communications framework; case law covering issues of refusal to supply and the essential facilities doctrine; application of Article 82 EC to bottlenecks; specific types of an undertakings unilateral behaviour that may often occupy NRAs and competition authorities in the context of their ex post competition law investigations under Article 82 EC; strategic alliances and mergers in the move toward multimedia; access to premium content and the emergence of new media; the scope of content regulation in the online environment; and broadband (regulation of local loop unbundling and bitstream access). The book also provides practical guidance on issues concerning the complicated market definition and analysis mechanism promulgated by the European Commission's Recommendation and Guidelines.
Book Synopsis New Directions in Digitalisation by : Annegret Engel
Download or read book New Directions in Digitalisation written by Annegret Engel and published by Springer. This book was released on 2024-10-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book brings together experts from both EU competition law as well fundamental rights backgrounds, discussing the most recent developments in EU legislation on digitalisation. Most prominently, it explores the recently introduced Digital Markets Act (DMA), including a discussion on other related legislative acts and the respective case law. It is aimed mostly at academics and researchers in the area of digitalisation, EU competition law, and the EU Charter, but will also provide some useful insights from practitioners in the field. The internet has long been neglected and exempt from being regulated at EU level. In particular, this concerns the application of fundamental rights. The specific challenges for the digital sphere are numerous; worldwide scope, easy access, interoperability, rapid technological change, fluctuating market conditions, anonymity, disinformation, lack of traceability and thus enforcement, to name but a few. Fundamental EU values, in particular including democracy and the respect for human rights, have suffered as a direct result of these growing problems in the digital sphere. More recently, however, the EU has started to actively regulate the new technologies in order to avoid European values being undermined by an unregulated internet. In the specific field of competition law, the development of new technologies has created many challenges and raised questions for the legislator how to regulate big market players: their cross-border nature, vicissitudes, and enormous market powers allow some of them to be able to escape legal scrutiny under the current set of ex-post rules. The DMA now introduces an ex-ante mechanism for competition law and claims to be aligned with the procedural and institutional rights granted under the Charter, which will be scrutinised and challenged by the various contributions in this book.
Book Synopsis Digital Competition Law in Europe by : Marc Philippe Marie Wiggers
Download or read book Digital Competition Law in Europe written by Marc Philippe Marie Wiggers and published by . This book was released on 2019-09-05 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This Guide takes the reader on a ‘survey’ of six competition authorities through the European landscape: (i) the European Commission (Commission), (ii) the Competition and Markets Authority (UK competition authority or CMA) and its predecessor the Office of Fair Trading (OFT), (iii) the Bundeskartellamt (German competition authority or Bka), (iv) L'Autorité de la concurrence (French competition authority or Autorité), (v) the Autoriteit Consument & Markt (Dutch competition authority or ACM) and (vi) the Autorité belge de la Concurrence/Belgische Mededingingsautoriteit (Belgian competition authority or BMA-ABC). (4) Ideally, we would like to examine all the European competition authorities, but the presence of language barriers, in particular, has led to the selection of these six competition authorities."--Introduction.
Book Synopsis Regulating Digital Markets in Europe. A Comparative Assessment of the Digital Markets Act and Recommendations for Future Adjustments by :
Download or read book Regulating Digital Markets in Europe. A Comparative Assessment of the Digital Markets Act and Recommendations for Future Adjustments written by and published by GRIN Verlag. This book was released on 2024-09-09 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2024 in the subject Law - European and International Law, Intellectual Properties, grade: 73.00, Queen Mary University of London, language: English, abstract: This essay examines the development of competition law in digital markets. In particular, it highlights the challenges posed by the specific characteristics of digital markets. Further, it explains the operating principles of the Digital Markets Act and compares it with s.19a GWB. It examines the functioning of both laws with regard to their respective advantages and disadvantages and develops a recommendation on how the DMA should be adapted in the future. For decades, arts.101 and 102 TFEU have been the main rules for EU competition authorities to prevent companies from engaging in unfair and anti-competitive practices. Now, with the Digital Markets Act ("DMA"), a new set of rules has come into force in 2023 to address such practices by companies operating in digital markets, thereby seeking to ensure the contestability and fairness of these markets. The DMA, which also aims to simplify and speed up procedures, moves away from the case-by-case analysis of competition law, where competition authorities sanction infringements of arts.101 and 102 TFEU ex post. Instead, the DMA adopts a more regulatory approach aimed at preventing certain practices in the first place. This was seen as necessary because of the enforcement problems posed by the specific characteristics of rapidly developing digital markets.
