Digital Markets Act: A Fair Framework for the Online World?
The result's identifiers
Result code in IS VaVaI
<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216208%3A11220%2F22%3A10444391" target="_blank" >RIV/00216208:11220/22:10444391 - isvavai.cz</a>
Result on the web
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DOI - Digital Object Identifier
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Alternative languages
Result language
angličtina
Original language name
Digital Markets Act: A Fair Framework for the Online World?
Original language description
The proposed Digital Markets Act is an instrument complementing established EU and national competition laws. Its objective is to ensure a fair and competitive digital economy in the EU by regulating ‘gatekeepers’ (large online platforms under certain criteria) more flexibly and timely. This article analyses whether the current approach creates an appropriate instrument for achieving its objective. First, it deals with the question whether there is a need for a separate regulation. Second, the notion of a gatekeeper. The concept of ‘gatekeepers’ seems to be tailored to particular subjects that may not necessarily be dominant undertakings. This approach may help to tackle selected issues that current large online platforms face, but limiting some undertakings, regardless of their dominant position, may also distort competitive forces. Third, it deals with ex ante rules (in comparison to current ex post EU and national competition rules). Ex ante rules may, on the one hand, minimise the detrimental effects of anticompetitive practices. However, on the other hand, they may impose unnecessary limits where these practices would not cause future economic harm. Fourth, it deals with the limited role of national competition authorities in enforcing the Digital Markets Act. It is essential for the EU to have a coherent approach to achieve the enforcement of these rules effectively, but it seems unwise to completely omit national competition authorities, who have created successful decision-making practices in this area in recent years. Finally, its provisions dealing with access to data and its relationship with various regulations dealing with data. The lack of clarity may render these provisions ineffective.
Czech name
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Czech description
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Classification
Type
D - Article in proceedings
CEP classification
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OECD FORD branch
50501 - Law
Result continuities
Project
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Continuities
I - Institucionalni podpora na dlouhodoby koncepcni rozvoj vyzkumne organizace
Others
Publication year
2022
Confidentiality
S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů
Data specific for result type
Article name in the collection
EU Antitrust: Hot Topics & Next Steps
ISBN
978-80-7630-021-7
ISSN
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e-ISSN
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Number of pages
11
Pages from-to
54-64
Publisher name
Charles University, Faculty of Law
Place of publication
Praha
Event location
Praha
Event date
Jan 24, 2022
Type of event by nationality
WRD - Celosvětová akce
UT code for WoS article
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