Thread by @LeConcurrential

Some thoughts on the #DMA, while reading it.

"Weak contestability"??? Really? Leading to "less choice and innovation to the detriment of European consumers"? I am sorry, whut?!

Not so sure about that. The DSA is a truth-seeker (corresponding to the state of technical advances: impossible to prevent ALL illegal content > obligation to spot it after publication), while the DMA is a truth-teller (do's and don'ts). It's a much, much different philosophy.

🔮🔮🔮🔮

When a (legal) category is THAT broad, it's not a category anymore, it's a tote bag. We need more granularity (more on that coming soon). #totebag

= cheers to legal certainty. 🥂

So... one decision (Google Shopping) = sufficient experience (when it comes to self-preferencing).

This is *not cool*. There has been no dialogue between the EC and the overall academic community. Organizing a conference/report with pre-designated experts, and asking for contributions while not responding to them is NOT a dialogue. What a missed opportunity.

Ah, OK, so DMA = let's do things although we can't prove why.

Really? I want to see the numbers!

This stems from the GDPR experience (benefiting big tech by putting a heavier burden – comparatively – on SMEs).

Curious: I thought the "platform economy" wasn't dynamic (page 1)? So... the EC says it is – for potentially imposing more obligations, but also that it is not – for justifying the first obligations. 🧐

Correct, but it's not an infinite game.

Empirical study showing that it's way more complex as these "super-supra-invincible-platforms" also compete (very actively) against each other: global.oup.com/academic/produ… (by @CompetitionProf).

Yeah, it's complex. And? Let's gather more expertise (amazon.com/Complexity-Eco…), rather than creating some legal rules which do not match reality.

Good to know for business executives: you have been offering a great service for 3 years, over 3 member States: no need to worry anymore, you won the market.

Why not, but one question: the EC doesn't have the mean to be pro-active in cartel cases (90% of cases are reactive according to the OECD). So, how will this impact EC capacities? Does it mean even less proactivity in other fields? Does it mean a bigger budget is being discussed?

This is post-Android decision. Makes sense (already covered by 102 c, though).

NEW: the EC is now considering technical aspects – and not only contractual ones. Yay: leconcurrentialiste.com/predatory-inno….

The EC says the DMA is complementing competition law, and then copy-paste the statement of objections against Amazon (article 102)?! Also, this is going after a business model!

I surely understand the logic, but in practice? Photos are portable, OK. But what about... everything that is *only* possible on one of these services?

Whut? So... having a great product is bad for competition? Learning effects are now barriers to entry, and should be preventing/distributed?

Andd.... the (soon to be famous) break-up part. So, if a gatekeeper’s size + the economic dependency of business users and end users increase = potential break-up.

Go figure it out = 💰💰💰 for law firms and economic consultants.

Reading between the lines, the EC is saying: the Bundeskartellamt's decision against FB is NOT competition law (which I agree with, as the practice is secret = can't be an abuse OF a dominant position, unless the secrecy is permitted by the dominance).

So... wait: we protect competitors, and not competition? Well.. yeah. Too bad, I liked telling my American friends we were not doing that in Europe.

Overall:

1 – I've probably missed lots of important points. I'll get back to it first thing tomorrow morning.

2 – NOTHING on (1) new technologies, (2) management (what's happening inside the firm), (3) market dynamism. No empirical work quoted (at least, I haven’t found any).

3 – Welcome back ordo-liberalism, welcome back structuralism, welcome back the 60s. Ciao Darwin (I liked you). Now is time to listen to The Kinks again, I mean… The Who. I mean... not the Kinks.

@threadreaderapp unroll.

Also: here's my take on #DMA vs. #DSA
(rather than DMA & DSA).