Digital Markets Act

Vikas Kathuria evaluates India’s new ex-ante framework to regulate digital markets. He assesses its divergences from Europe’s archetypal Digital Markets Act and the characteristics of India’s political economy that explain these differences.

Drawing on new research, Oles Andriychuk identifies eight defining features of the European Union’s and United Kingdom’s new laws to regulate competition in digital markets that transform how we understand competition policy.

The European Commission has fined Apple for abusing its App Store. The Commission did not mention Spotify, but the fine appears to answer the music streaming platform’s complaint that Apple’s App Store fees to developers are too high. But now that Spotify has seen Apple’s new approach under Europe’s new Digital Markets Act, Spotify is still unhappy, highlighting the flaws of Spotify’s original complaint and the Commission’s fine, writes Randy Picker.

The European Union’s Digital Markets Act (DMA), designed to regulate Big Tech, supplements current antitrust laws that pursue case-by-case analyses of business conduct with general rules to block potentially anticompetitive behaviors. Detractors criticize the DMA for its lack of nuance. Supporters applaud its general principles as a necessary bulwark against Big Tech’s market powers, which current case-by-case analysis has been unable to rein in. However, neither side appreciates the true complexity of the DMA or how its principles interact to prevent anticompetitive behavior, writes Alba Ribera Martínez.

Recent European digital regulation surrenders traditional key guideposts of European competition law and policy. The over-centralization of European Union antitrust authority and EU legislation risks undermining member state laws and competences. This may privilege platforms and eventually harm competition and consumers, writes Jörg Hoffmann.

As the European Commission gets ready to embark on the complicated task of implementing the recently agreed-upon Digital Market Act, which would regulate Big...

Even when antitrust enforcers and courts get it right when finding an anticompetitive infringement, they constantly end up imposing remedies that are inadequate to...

If EU policymakers are truly concerned about restoring competitiveness to digital markets, they need to adjust their expectations when it comes to data access...

Is the relief sought by the FTC in its case against Facebook the right way to go? In principle, yes. However, the FTC might...

Digital markets are prone to “tipping.” Policymakers are starting to look at tipping as a market failure worthy of consideration. But as much as...