Competition
in a digital age: The balance between ex ante and ex post intervention
Margrethe
Vestager, European Commission Commissioner for Competition, has given a speech
at the European Internet Forum on competition in a digital age.
Reflecting
what have now become perennial themes, Vestager addressed the rise in the power
of digital platforms, the impact on privacy, data, access to the market and on
democracy.
Against
this backdrop, the Commission has proposed the Digital Services Act (DSA) and
the Digital Markets Act (DMA).
The
DMA contains a list of dos and don’ts that digital gatekeepers will have to abide
by. As such, the DMA is designed to
complement competition law by providing for ex ante regulation. It will not affect how the Commission enforces
competition law under Article 101/ 102 TFEU.
Rather, the aim is to provide a framework for ensuring that problematic
practices do not arise in the first place.
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