Thread by @wavesblog

Just mentioned by @PCarodeSousa one.oecd.org/document/DAF/C…

Not talking #DMA #19aGWB specifically“. Some personal highlights: “In practice...market failure is often used as shorthand for a large number of justifications for public intervention in the operation of markets”

Box 1 {with its own footnotes} is mythbustingly useful.

“focus on the interaction of competition law and sectoral regulation seems unsuited to a context where the interaction between competition law and horizontal policies, such as...consumer protection, data protection and sustainability, have come increasingly to the fore”

“there may be a need to complement antitrust enforcement with additional regulatory tools to address specific issues, instead of focusing as before almost exclusively on how regulation creates barriers to entry that limit competition” - mea culpa ;-)?

“Proceeding directly via specifically enacted regulation may provide a more comprehensive and effective means by which to remedy ongoing market failures than episodic antitrust enforcement”

Are you complementarian or alternativist? “Ultimately, the relationship between regulation and competition law is more complex than a simple alternatives-complements distinction allows”

EU: „competition law is applicable ex post to any regulated market, including to firm behaviour that has been modified or directed by the regulatory scheme, provided that the firm retains some scope for autonomous market behaviour“

More on bpost case curia.europa.eu/juris/showPdf.… [ne bis in idem] date of the opinion: soon...08/06/2021

„empowerment of a single authority to enforce both regulation and competition law...is relatively rare“

„Recurring competition law complaints or investigations may also highlight the existence of market-wide problems that are better addressed through systemic, market-wide intervention“ #Barnieraswarning

„The alignment of regulation with antitrust methodologies...intended to meet good governance principles, make the regime more flexible and ensure it was based on solidly grounded economic principles“ not what the #DMA seems - deliberately- made of (“differentialists”)

Very useful but already in need of an update, IMHO 👇

On the other side, the “alignists” would stress all the ways competition enforcement has influenced the #DMA (e.g., that “an initial designation as a gatekeeper can be rebutted based on a number of indicators linked to market power”)

“Many courts and competition authorities feel uncomfortable taking on the inherent regulatory role that setting the terms and conditions at which one firm should deal with another entails” - comfort zone increasing though

“Practices involving the gaming of regulatory regimes, including selective breaches of regulatory duties, can also amount to competition infringements” gaming of the #DMA too?

“The Rise of Competition-Regulatory Hybrids... The inclusion of regulatory elements into competition law can be seen as a positive...Yet, regulatory competition law finds few defenders among the antitrust scholarship” it depends on whom you read 😊

Interesting read and worth discussing these topics further, for example “in” Malaga, with @EugenioOlmedo & Friends - and in Paris, of course - with contributions by 👇/END

@threadreaderapp unroll