Digital Markets Act Quo Vadis? Damien Geradin, Assimakis Komninos, Ana Malheiro, Oles Andriychuk DMA

Описание: All views presented by the participants are their own.
00:00 Introduction
01:40 Comparing the original and the final versions of the DMA (Ana Malheiro – AM)
06:50 The (experimental) role of the NCT in shaping the discussion on the DMA (Assimakis Komninos – AK)
08:15 The DMA and the issue of (exclusive) competence of the Commission (AK)
09:15 The final version of the DMA is more stringent than the proposed one (Damien Geradin – DG)
10:15 Mistake with designation criteria – emphasis on quantitative thresholds (DG)
10:58 The role of National Competition Authorities (DG)
11:50 Why the NCAs will not be very keen to enforce the DMA (DG)
14:30 The DMA has achieved a good balance in terms of dividing the competence between the Commission and NCAs – Plus the role of the ECN (AM)
16:00 What appears to be (a bit) annoying in the discussions on the enforcement of the DMA (AK)
16:20 The DMA is primarily a regulation with specific ex-ante rules that is changing the legal reality. The DMA is not there to create another type of enforcement with permanent fines... If we have a lot of enforcement, it means that the DMA has failed (AK)
16:00 What appears to be (a bit) annoying in the discussions on the enforcement of the DMA (AK)
17:20 There are no doubts that gatekeepers will comply (AK)
18:30 Co-existence of the DMA with the Section 19a of the German Competition Act (AK)
19:00 Why enforcement is indeed fundamental, why gatekeepers will not comply – or "constructively refuse to comply" (DG)
21:25 It would be extremely naive to believe that gatekeepers will voluntarily comply (DG)
21:40 What is the role of the anti-circumvention provision (Art 13 DMA) in shaping the mechanism of compliance? (OA)
23:45 Anti-circumvention provision was of a paramount importance during the legislative process (AM)
25:15 Why and how the Commission wants to minimise its resources on explaining the obvious (AM)
26:45 Liability for not complying with Art 13 DMA
28:15 Participatory modality of the DMA, regulatory dialogue
29:15 Potential gatekeepers working on compliance (DG)
30:00 Obligations of Art 5 (at least some of them) would also benefit from further specification (DG)
31:15 Different elements, stages and formats of regulatory dialogue (AM)
34:55 The main message of the Commission: the door is open to engage in positive way... the earlier the better (AM)
35:25 Is it possible to disconnect the designation discussions from the obligation ones?
36:00 Regulatory dialogue will concern also with regard to Art 5 (AK)
36:45 The specification measures of Art 8 do not change the substance of the rules of Arts 6 and 7. It is not like kind of exemption decisions. The rules remain the same. The dialogue concerns only relevant compliance measures (AK)
37:45 Is the distinction between Arts 5 & 6 meaningful? Why specification is not available for Art 5?
39:45 The role of commitments in different versions of the DMA (AM)
42:10 Art 25 DMA (commitments) is very unlikely to be enforced (AK)
42:45 Why the very mechanism of commitments is not particularly suitable for the rationale of the DMA (AK)
44:25 Third parties participation and market testing (DG & AM)
47:25 Ne bis in idem & parallel enforcement
48:05 Ne bis in idem concerns only non-compliance decisions (AK)
48:45 Non-compliance decision by the Commission in parallel with e.g. decision of the BKA under Section 19a GCA – and this scenario as such is problematic (with or without ne bis in idem) (AK)
49:40 In the best of worlds we wouldn't want Sec 19a GCA indeed (DG)
50:55 Ne bis in idem and parallel enforcement matters were addressed during negotiations (AM)
53:30 Is there a difference between competition and contestability (DG)
1:00:25 Private enforcement: excluding 27 NCAs but opening for thousands. It is not only about follow -on actions, but also about injunctions (AK)
1:03:25 Private & public enforcement; understaffing of the Commission (DG)
1:07:00 The law is the law now (AM)
1:07:20 Direct effect & direct applicability (AK)
1:09:00 Amicus curiae for consistency (AK)

1:10:20 REALLY THOUGHTFUL RECOMMENDATIONS FOR OUR STUDENTS (DG, AK, AM)

Participants:
Ana Malheiro – Case Handler Officer, DMA (Digital Markets Act) Task Force, DG Competition, European Commission.

Assimakis Komninos – White & Case (Brussels), Partner. A former Commissioner of the Hellenic Competition Commission. Visiting Professor at Université Catholique de Louvain, a Visiting Fellow of the Centre for Law and Governance in Europe at UCL.

Damien Geradin – Geradin Partners, Founder. Professor of Competition Law & Economics at Tilburg University and a visiting Professor of Law at UCL and the UEA, Centre for Competition Policy.

Oles Andriychuk – Reader in Law, University of Strathclyde, Glasgow, UK.

#DMA #Digital_Markets_Act