Gönenç Gürkaynak, Ali Kağan Uçar, Uzay Görkem Yıldız

European Competition and Regulatory Law Review, Jahrgang 6 (2022), Ausgabe 4, Seite 306 - 317

This article explores whether there is a need for ex ante regulations in digital markets. It explains implications of ex ante regulations in digital markets and focuses on the competition jurisprudence which has generated new terminologies such as ‘tipping’, ‘gatekeepers’ and ‘self-preferencing’ over the last decade, indicating that competition law easily adapts to emerging problems and sweeping ex ante regulation efforts in the digital markets might be uncalled for. In this regard, the article summarizes the on-going debate on whether competition law, as is, can sufficiently address and deliver solutions for competitive concerns in digital markets. Within this scope, the paper examines the alleged competitive concerns in digital markets and argues that it is crucial to first conduct counterfactual analysis with concrete facts, parameters and data, to identify the risks associated with over regulations. The article further contends that the competition law toolkit in place is a sufficient and more appropriate way to deal with anti-competitive conducts and the ongoing ex ante regulation efforts in digital markets are condemned to result in a decline in competition and innovation in the long run. Keywords: ex ante regulations; digital markets; gatekeepers; assumption of market power

Mateusz Musielak, Tomasz Feliszewski

European Competition and Regulatory Law Review, Jahrgang 6 (2022), Ausgabe 4, Seite 330 - 333

Heinrich Kühnert, Elisabeth König

European Competition and Regulatory Law Review, Jahrgang 5 (2021), Ausgabe 3, Seite 216 - 220

Giorgio Monti

European Competition and Regulatory Law Review, Jahrgang 5 (2021), Ausgabe 2, Seite 90 - 101

The Digital Markets Act (DMA) is a major policy initiative to regulate platform gatekeepers in a more systematic manner than under competition law. This paper reflects on the institutional set-up in the Commission proposal. While the DMA is well-designed, this paper recommends improvement in the following aspects: (i) matching the DMA’s objectives with obligations imposed on gatekeepers; (ii) facilitating a regulatory dialogue; (iii) streamlining the enforcement pyramid; (iv) emphasising the role of private enforcement; (iv) clarifying the role of competition law when the DMA applies. Keywords: Digital Markets Act, DMA, responsive regulation, private enforcement

John Weche, Thomas Weck

European Competition and Regulatory Law Review, Jahrgang 5 (2021), Ausgabe 1, Seite 4 - 10

Tacit collusion gives rise to major practical challenges for the enforcement of competition law. A problem which is well known from the gas station markets, now acquires new topicality with the intervention of institutional investors (‘common ownership’) and the use of online pricing algorithms. This article connects the previous strands of discussion and establishes a link to the discussion regarding a New Competition Tool. Keywords: tacit collusion; algorithms; common ownership; Digital Markets Act; DMA; New Competition Tool; NCT