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#Tech, Media, Telecom

Implementing the DMA: substantive and procedural principles

  • January 17, 2024
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Document(s)
Download the full book
Download the presentation of the Digital Platforms Summit
Download the chapter "Substantive and Procedural Principles"
Download the chapter "Choice Architecture for End Users in the DMA"
Download the chapter "Horizontal and Vertical Interoperability in the DMA"
Download the chapter "Data-Related Obligations in the DMA"
Download the chapter "DMA Process and Compliance"
Download the chapter "DMA Output Indicators"

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.

 

Full recording of the Digital Platforms Summit

Author(s)
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Alexandre De Streel (2)
Alexandre de Streel
Academic Director
and University of Namur

Alexandre de Streel is the Academic Director of the digital research programme at the Brussels think-tank Centre on Regulation in Europe (CERRE), professor of European law at the University of Namur and visiting professor at the College of Europe (Bruges) and SciencesPo Paris. He sits in the scientific committees of the Knight-Georgetown Institute (US), the European University Institute-Centre for a Digital Society (Italy) and the Mannheim Centre for Competition and Innovation (Germany).

His main research areas are regulation and competition policy in the digital economy (telecommunications, platforms and data) as well as the legal issues raised by the developments of artificial intelligence. He regularly advises the European Union and international organisations on digital regulation.

Previously, Alexandre held visiting positions at New York University Law School, the European University Institute in Florence, Panthéon-Assas (Singapore campus), Barcelona Graduate School of Economics and the University of Louvain. He also worked for the Belgian Deputy Prime Minister, the Belgian Permanent Representation to the European Union, and the European Commission. He has also been the chair of the expert group on the online platform economy, advising the European Commission.

Alexandre de Streel is the Academic Director of the digital research programme at the Brussels think-tank Centre on Regulation in Europe (CERRE), professor of European law at the University of Namur and visiting professor at the College of Europe (Bruges) and SciencesPo Paris. He sits in the scientific committees of the Knight-Georgetown Institute (US), the European University Institute-Centre for a Digital Society (Italy) and the Mannheim Centre for Competition and Innovation (Germany).

His main research areas are regulation and competition policy in the digital economy (telecommunications, platforms and data) as well as the legal issues raised by the developments of artificial intelligence. He regularly advises the European Union and international organisations on digital regulation.

Previously, Alexandre held visiting positions at New York University Law School, the European University Institute in Florence, Panthéon-Assas (Singapore campus), Barcelona Graduate School of Economics and the University of Louvain. He also worked for the Belgian Deputy Prime Minister, the Belgian Permanent Representation to the European Union, and the European Commission. He has also been the chair of the expert group on the online platform economy, advising the European Commission.

Marc Bourreau
Marc Bourreau
Academic Co-Director
and Télécom Paris

Marc Bourreau is a Academic Co-Director at CERRE and Professor of Economics at Télécom Paris (Institut Polytechnique de Paris). He is affiliated with the interdisciplinary institute for innovation (i3) for his research.

His research focuses on competition policy and regulation, digital markets, and telecommunications.

Marc holds a Ph.D. in Economics from the University of Paris Panthéon Assas.

Marc Bourreau is a Academic Co-Director at CERRE and Professor of Economics at Télécom Paris (Institut Polytechnique de Paris). He is affiliated with the interdisciplinary institute for innovation (i3) for his research.

His research focuses on competition policy and regulation, digital markets, and telecommunications.

Marc holds a Ph.D. in Economics from the University of Paris Panthéon Assas.

Richard Feasey (1)
Richard Feasey
CERRE Senior Advisor
Tech, Media, Telecom

Richard Feasey is a CERRE Senior Adviser, an Inquiry Chair at the UK’s Competition and Markets Authority and Member of the National Infrastructure Commission for Wales.

He lectures at University College and Kings College London and the Judge Business School.

He has previously been an adviser to the UK Payments Systems Regulator, the House of Lords EU Sub-Committee and to various international legal and economic advisory firms.

He was Director of Public Policy for Vodafone plc between 2001 and 2013.

Richard Feasey is a CERRE Senior Adviser, an Inquiry Chair at the UK’s Competition and Markets Authority and Member of the National Infrastructure Commission for Wales.

He lectures at University College and Kings College London and the Judge Business School.

He has previously been an adviser to the UK Payments Systems Regulator, the House of Lords EU Sub-Committee and to various international legal and economic advisory firms.

He was Director of Public Policy for Vodafone plc between 2001 and 2013.

Amelia Fletcher (3)
Amelia Fletcher
Research Fellow
and University of East Anglia

Amelia Fletcher CBE is a Professor of Competition Policy at the Centre for Competition Policy, University of East Anglia and co-editor of the Journal of Competition Law and Economics. She also acts as an expert witness.

She has been a Non-Executive Director at the UK Competition and Markets Authority (2016-2023), Financial Conduct Authority (2013-20) and Payment Systems Regulator (2014-20), and a member of Ofgem’s Enforcement Decision Panel (2014-2022). She has also been a member of DG Comp’s Economic Advisory Group on Competition Policy, and was a member of the Digital Competition Expert Panel, commissioned by the UK Treasury and led by Jason Furman, which reported in March 2019.

She was previously Chief Economist at the Office of Fair Trading (2001-2013), where she also spent time leading the OFT’s Mergers and Competition Policy teams. Before joining the OFT, she was an economic consultant at Frontier Economics (1999-2001) and London Economics (1993-1999).

She has written and presented widely on competition and consumer policy. In her ongoing research, Amelia has a particular interest in the implications for competition and consumer policy of behavioural economics and online markets.

Amelia has a DPhil and MPhil in economics from Nuffield College, Oxford.

Amelia Fletcher CBE is a Professor of Competition Policy at the Centre for Competition Policy, University of East Anglia and co-editor of the Journal of Competition Law and Economics. She also acts as an expert witness.

She has been a Non-Executive Director at the UK Competition and Markets Authority (2016-2023), Financial Conduct Authority (2013-20) and Payment Systems Regulator (2014-20), and a member of Ofgem’s Enforcement Decision Panel (2014-2022). She has also been a member of DG Comp’s Economic Advisory Group on Competition Policy, and was a member of the Digital Competition Expert Panel, commissioned by the UK Treasury and led by Jason Furman, which reported in March 2019.

She was previously Chief Economist at the Office of Fair Trading (2001-2013), where she also spent time leading the OFT’s Mergers and Competition Policy teams. Before joining the OFT, she was an economic consultant at Frontier Economics (1999-2001) and London Economics (1993-1999).

She has written and presented widely on competition and consumer policy. In her ongoing research, Amelia has a particular interest in the implications for competition and consumer policy of behavioural economics and online markets.

Amelia has a DPhil and MPhil in economics from Nuffield College, Oxford.

Jan Krämer (2)
Jan Krämer
Academic Co-Director
and University of Passau

Jan Krämer is an Academic Co-Director at CERRE and a Professor at the University of Passau, Germany, where he holds the chair of Internet & Telecommunications Business.

Previously, he headed a research group on telecommunications markets at the Karlsruhe Institute of Technology (KIT), where he also obtained a diploma degree in Business and Economics Engineering with a focus on computer science, telematics and operations research, and a Ph.D. in Economics, both with distinction.

He is editor and author of several interdisciplinary books on the regulation of telecommunications markets and has published numerous articles in the premier scholarly journals in Information Systems, Economics, Management and Marketing research on issues such as net neutrality, data and platform economy, and the design of electronic markets.

Professor Krämer has served as academic consultant for leading firms in the telecommunications and Internet industry, as well as for governmental institutions, such as the German Federal Ministry for Economic Affairs and the European Commission.

His current research focuses on the role of data for competition and innovation in online markets and the regulation of online platforms.

Jan Krämer is an Academic Co-Director at CERRE and a Professor at the University of Passau, Germany, where he holds the chair of Internet & Telecommunications Business.

Previously, he headed a research group on telecommunications markets at the Karlsruhe Institute of Technology (KIT), where he also obtained a diploma degree in Business and Economics Engineering with a focus on computer science, telematics and operations research, and a Ph.D. in Economics, both with distinction.

He is editor and author of several interdisciplinary books on the regulation of telecommunications markets and has published numerous articles in the premier scholarly journals in Information Systems, Economics, Management and Marketing research on issues such as net neutrality, data and platform economy, and the design of electronic markets.

Professor Krämer has served as academic consultant for leading firms in the telecommunications and Internet industry, as well as for governmental institutions, such as the German Federal Ministry for Economic Affairs and the European Commission.

His current research focuses on the role of data for competition and innovation in online markets and the regulation of online platforms.

Giorgio Monti
Giorgio Monti
Research Fellow
and Tilburg Law School

Giorgio Monti is a CERRE Research Fellow and Professor of Competition Law at Tilburg Law School.

He began his career in the UK (Leicester 1993-2001 and London School of Economics (2001-2010) before taking up the Chair in competition law at the European University Institute in Florence, Italy (2010-2019). While at the EUI he helped establish the Florence Competition Program which carries out research and training for judges and executives. He also served as Head of the Law Department at the EUI.

His principal field of research is competition law, a subject he enjoys tackling from an economic and a policy perspective.

Together with Damian Chalmers and Gareth Davies he is a co-author of European Union Law: Text and Materials (4th ed, Cambridge University Press, 2019), one of the major texts on the subject. He is one of the editors of the Common Market Law Review.

Giorgio Monti is a CERRE Research Fellow and Professor of Competition Law at Tilburg Law School.

He began his career in the UK (Leicester 1993-2001 and London School of Economics (2001-2010) before taking up the Chair in competition law at the European University Institute in Florence, Italy (2010-2019). While at the EUI he helped establish the Florence Competition Program which carries out research and training for judges and executives. He also served as Head of the Law Department at the EUI.

His principal field of research is competition law, a subject he enjoys tackling from an economic and a policy perspective.

Together with Damian Chalmers and Gareth Davies he is a co-author of European Union Law: Text and Materials (4th ed, Cambridge University Press, 2019), one of the major texts on the subject. He is one of the editors of the Common Market Law Review.

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