TABLE OF Contents Introduction, Francis Donnat, Partner, Baker McKenzie, Paris The DMA: An ex ante evaluation Daniel Zimmer, Professor of Law, Faculty of Law and Economics, University of Bonn The DMA: An Ambitious Act with Countless Challenges, Martin d’Halluin, Senior Vice President, Global Competition Law & Policy Counsel, News Corp, New York The DMA: Challenges for the regulator as well as the regulated, Sean-Paul Brankin, Of Counsel, Bristows, Brussels and Pat Treacy, Senior Counsel, Bristows, London and Brussels The Commission in the implementation of the DMA: Besieged citadel or conductor?, Jean Cattan, General Secretary, French National Digital Council (CNNum), Paris and Joëlle Toledano, Emeritus Professor of Economy, member of the French National Digital Council (CNNum) eco
The Digital Market Act (DMA) was born out of a combination of three elements: the desire to regulate certain very large online platforms that have acquired substantial control over access to digital markets; the perceived inadequacies and slowness of competition law in this regard; and the existence of a political will at European level to create such regulation. Adopted in record time, the DMA is certainly ambitious. Laying the foundations for an ex ante regulation, which it applies to a new category of online services - the gatekeepers - it introduces new concepts into European law, while presenting itself as a complement to competition law. Whether it is a question of the way in which the Commission will exercise the considerable powers conferred on it by the DMA or the way it will be combined with competition law or other texts such as the GDPR, the questions that its implementation will raise are numerous and delicate.
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