DSA: does greater power require additional regulation?
On 15 September, the Digital Clearinghouse organised this interesting webinar, featuring speakers from the German and UK competition authorities: Digital Services Act: does greater power require additional regulation?
Andreas Mundt @Kartellamt: German competition law should be amended by start of 2021, so should be able to make use of new provisions (including on #interoperability) soon. EU will take much longer with the #DigitalServicesAct.
We must avoid regulating the competitors of the big incumbents. We should not take an approach where one size fits all 10,000 platforms active in Europe. We should take an approach that is customised to a specific company and its strategies to secure dominance.
@alexagiussaliba MEP, DSA rapporteur for the Single Market committee of the European Parliament: we must avoid a patchwork of national implementations. Traditional competition law does not have the right tools to create a competitive environment in the face of these systemic platforms we face today, where we must focus our attention.
Simeon Thornton @CMAgovUK: these new remedies (foreseen for the DSA and New Competition Tool) are to cause behavioural change, not impose large fines, so may not need such a high level of evidence to impose.
Mundt: we know who we are talking about here (quotes @TomValletti: “it’s Google and Facebook; all the rest can be dealt with by standard competition law.” “But that is not my own position” 😉 Paramount importance for cross-market competition, systemic market status, structuring or systemic companies, gatekeepers… all are pretty similar concepts.
Thornton: @CMAgovUK is completing work on platforms not supported by advertising by the end of this year, then expect primary legislation to implement their recommendations on a Digital Market Unit, codes of conduct, etc. “to put the regime in place on a timely basis”.
Next #DigitalClearingHouse event on 29 October will feature a keynote by @vestager! Register soon at digitalclearinghouse.org