Drawing the Boundaries: the DMA and National Law – Marco Botta, Alba Ribera Martínez, George Gryllos
George Gryllos – Référendaire at the Court of Justice of the European Union
Alba Ribera Martínez – Lecturer in Competition Law at Universidad Villanueva, Editor at Journal of European Competition Law & Practice, Deputy Editor at Kluwer Competition Law Blog
Prof. Marco Botta – Part-time Professor at the European University Institute, where he is the coordinator of the Florence Competition Programme & Adjunct Professor at the Law Faculty of the University of Vienna
The aim of this panel is to explore the relationship between the Digital Markets Act and (i) EU competition law, (ii) national traditional tools of competition law; (iii) national competition rules regulating other forms of unilateral conduct and (iv) national rules outside the scope of the DMA. Both the wording of Art 1 DMA and the scope of its interpretation – and of course the stakes in the game – indicate that this juristic labyrinth will be one of the bifurcation points for the effective functioning of the new regime.
To help to unravel these intricacies I had a pleasure to invite three really impactful thinkers in the field: Marco Botta, Alba Ribera Martínez and George Gryllos. While not always agreeing with the substantive part of their arguments, one will always admire the intellectual rigour of their thinking, the juristic depth of their analysis and of course a refined style of presenting their points. We had a very detailed and nuanced conversation on this topic – but we also looked at some other legal aspects of the emerging regime – and in particular:
– the importance of Art 114 TFEU as a legal ground for adopting the DMA
– the ideal scenario of the coexistence
– the most plausible scenario of the coexistence
– how far the interpretive minds can try to expand the letter of the DMA law, and in what direction
– DMA & Section 19a of the German Competition Law
– DMA and national rule prohibiting abuse of economic dependence
– the intricacy of the principle of proportionality
– the role of the national competent authorities
– justiciability of the DMA provisions
– compliance reports/workshops
– first non-compliance decisions
– specificity of obligations of Art 5(2) DMA
– relationship between the DMA and GDPR
– the difference between specifying obligations under Art 8 and under Art 12 DMA
– there will be more proceedings with the DMA – but will these be the same proceedings as within Art 102 TFEU
– what is in the continuum of ex-ante sector specific regulations and traditional ex-post competition rules
– the substance and parameters of regulatory dialogue
– refining the scope of DMA obligations
For those interested in examining these questions in yet more detail, nota bene, that last year we had another panel on this topic – equally appealing and informative with three great legal minds: Giorgio Monti, Magali Eben and Or Brook – • Giorgio Monti, Or Brook, Magali Eben:...
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The Digital Markets Research Hub is an independent academic initiative aiming at scrutinising the functioning of competition/regulation in digital markets. We host one-to-one interviews with leading policymakers, regulators and practitioners. We also organise online mini-workshops inviting high-profile experts and academics in various fields of digital competition law & policy to discuss the most vibrant issues of the ongoing regulatory reforms in digital markets. While having our clear normative stand on the matters discussed within the hub, we value different views and invite relevant stakeholders and thinkers representing the whole spectrum of reasonable positions on how to regulate competition in digital markets. All our materials are available at YouTube channel, which you are very welcome to subscribe to. The panel is organised & conducted by Prof. Oles Andriychuk, Newcastle Law School, UK