Alexandre de Streel on the Digital Markets Act | Compliance | EU Law | Regulation | Antitrust | DMA
00:00 Introduction
00:45 Normative question – what is the goal of the DMA?
02:30 Benchmarks of success of the DMA
03:35 On the relationship between contestability and fairness as objectives of the DMA
04:40 Are fairness and contestability contradictory? Which one constitutes the centre of gravity of the DMA?
06:30 On redistributional elements of fairness
08:25 The problems of access-related obligations: success and failure stories from other industries. Are we over-ambitious with timing?
12:00 The essential importance of compliance function
14:00 From regulate-and-forget to a more agile regulation: the challenge for middle-ranked enforcers?
17:10 Participatory regulation
19:15 National authorities helping the Commission
19:45 Experimental regulation (vs. legal certainty)
21:00 AI-informed regulation
22:10 The role of private enforcement in the DMA (pros & cons)
27:25 Possible rent-seeking elements in private enforcement (particularly when different business users have different interests)
29:07 Will the new wave of DMA-focused cases be shaping the area?
31:15 Should the Courts be stricter because the DMA is a regulation? Or on the contrary should they give more discretion to the Commission?
33:20 Possible trade-off between contestability and privacy
34:50 Effectiveness and/vs. Proportionality
38:30 No efficiency defence and no market definition ≠ absence of economic analysis
40:20 Should (and if yes – to what extent) we look at a more bespoke mechanism exploring business models of each specific gatekeeper (similar to what is proposed in the UK) rather than obligations/CPSs in abstracto?
43:30 Bing & GenAI – should it be designated basing on policy considerations?
46:10 Learning from the first generation of the DMA – usually, the first generation of EU sectoral regulation is more rigid than the next generations (amended)
48:15 UK & EU: learning from each other
49:05 Commitments in the DMA – the logic of regulatory dialogue is broader than a 'mere' solution proposed by gatekeeper
52:30 The Forum on DMA Compliance – details of this civic society initiative
57:30 Interoperability: horizontal & vertical
01:01:55 Exclusive recommendations for students by Alexandre de Streel
Prof. Alexandre de Streel Professor of European law at the University of Namur, Director Namur Digital Institute (NADI), Visiting Professor at the College of Europe (Bruges) and SciencesPo Paris and Academic Director of CERRE (Centre on Regulation in Europe)
In this conversation Prof. de Streel offers his views on the latest development of the DMA, compliance function and various thorny issues of the emergence of the new regulatory regime for digital markets.
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 the leading thinkers, policymakers, regulators and practitioners. We also organise online mini-workshops inviting high-profile experts in various fields of digital competition law & policy to discuss the most vibrant issues of the ongoing regulatory reforms in digital markets.
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