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Senior Consultant - Competition & Industrial Policy, Kekst CNC

As expected the DMA was a hot topic during the morning sessions of the Annual Charles River Associates Brussels Conference 2023. A few key takeaways: ➡ Spontaneous compliance: the hope among regulators appears to be that the DMA leads to "spontaneous compliance" among gatekeepers as compared with antitrust which leads to a "wait and see" approach (i.e., dominant companies wait until a complaint is issued to consider whether to adjust behaviour). However, it is an open question as to whether "spontaneous compliance" will materialise. ➡ Third-party views: input from business users will be key to alerting both the European Commission and NCAs to the (in)effectiveness of compliance. To that end, the ECN will organise a stakeholder conference for business users to extol the benefits and possibilities that the DMA can provide. ➡ EU vs. UK: comparing the approaches of the EU and the UK to digital regulation, the view was that the EU has prioritised "clarity and workability" developing a set of obligations that are "easily enforced". The UK has taken a more flexible and nuanced approach, potentially at the expense of time and resources required for implementation. ➡ Behavioural economics & choice architecture: Behavioural economics should play a significant role in developing and demonstrating compliance for the obligations relating to default settings, easy switching and self-preferencing. The DMA will only be effective if choices are presented to consumers in a suitable way. #BrusselsConference_CRA #DigitalMarketsAct #competition

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