#DMA getting more complex by the minute. Today, national #antitrust watchdogs weighed in with a joint paper, saying they want to enforce it as well.
This is turning into a bit of a mess. Some thoughts. First, here's the paper: autoritedelaconcurrence.fr/sites/default/… /1
This is turning into a bit of a mess. Some thoughts. First, here's the paper: autoritedelaconcurrence.fr/sites/default/… /1
First half of the paper is a big brag about all the Big Tech work the authorities have done. Hard to contest this. Watchdogs in FR & DE have, in particular, been doing plenty in recent years. For them, this means they have loads of knowledge. And the DMA should make use of that/2
While @EU_Competition should be in the lead, the NCAs want powers to enforce as well. So, for example, this would mean @Kartellamt could suspect a tech abuse & deploy: EU Art 102, national dominance rules (two of them), GWB19a & then also the DMA. That's a lot. /3
Their argument goes: we have the knowledge & are used to cooperating & we need to ensure coherence w comp law, so give it to us.
Others disagree. For the very same reasons comp authorities shouldn't have a new law. It should go to other authorities e.g.telcos @BERECeuropaeu /4
Others disagree. For the very same reasons comp authorities shouldn't have a new law. It should go to other authorities e.g.telcos @BERECeuropaeu /4
This 'cri de coeur' is needed becoz comp authorities don't have a voice re DMA. Some governments are consulting them; others less so.
Also, the doc is from ECN. Strictly speaking, that includes @EU_Competition but I can't imagine they have signed up to this position paper /5
Also, the doc is from ECN. Strictly speaking, that includes @EU_Competition but I can't imagine they have signed up to this position paper /5
The paper says NCAs should have powers to enforce because this would "help demultiplying the DMA’s reach." No idea what that means. Never seen the word before. /6
The NCAs are right: coordination will be key for (a) ensuring the DMA does its job; (b) guarding against interference with traditional comp law.
But the existing tools (102 probes; 19aGWB etc) are already revealing some cracks in the smooth cooperation of the ECN. /7
But the existing tools (102 probes; 19aGWB etc) are already revealing some cracks in the smooth cooperation of the ECN. /7
.@amazon has a lawsuit about this at the EU courts; Apple app-store cases are all over the place in different guises; Google's adtech/data stuff is sprouting in different forms... those companies would argue the system isn't working at the moment. /8
No doubt that friction between the DMA & EU comp law will be a VERY big issue. This will have to be solved. Whether today's paper is the solution to that? That's for Member States, EP & @Andreas_Schwab to work out. /ends
• • •
Missing some Tweet in this thread? You can try to
force a refresh
