Nievia Ramsundar’s Post

Did you miss the publication of the CMA's provisional approach to its new digital markets powers under the DMCC last week? Pick up the key features in our blog post. #digitalmarkets #competitionlaw #bigtech #dmcc

Digital Markets Act Amazing briefing last Thursday at our Brussels office on this key effort that cements the EU approach to addressing market power issues in the digital economy. In the words of Mr. Denis Sparas, while complementary to competition law, the DMA is not a case-based competition tool that's looking for wrongdoings. It intends instead to asssess harm ex-ante, through regulatory supervision. The effort should bring more choice for end users and new innovation opportunities not only for smaller "challenger" businesses, but also (counterintuitively, as pointed out by Philippe) to other products from gatekeepers themselves across their usually vast portfolios. We'll have to wait and see what kind of effects unfold in the medium/long-term, but I, for one, am curious to see how things play out with the compliance measures presented earlier this month. It's exciting for Cullen to see this historic initiative coming into fruition three years after being commissioned by DG CNECT to prepare an independent impact assessment support study for the DMA. This new development, in turn, gives us plenty of additional material to contextualize within our global benchmark entitled 'Market power of online platforms', where we've also identified Australia, China, India, Japan, Korea, South Africa, Thailand and Türkiye as having adopted or proposed to adopt an approach combining competition policy with regulation. In Brazil, the Ministry of Finance recently asked for comments on whether and how online platforms should be regulated and there are various bills under debate aimed at regulating online platforms. Briefing slides available here: https://lnkd.in/dmj25FpD Cheat sheet "DMA obligations and prohibitions": https://lnkd.in/dQFa7dCh

Digital technologies are at the heart of the UK Government's vision for driving economic growth. The new DMCC Act empowers the UK's Digital Markets Unit (DMU), already set up within the CMA, to designate the biggest digital players with 'Strategic Market Status' (SMS) and, for those designated firms to: (1) set ex ante Conduct Requirements i.e. rules on what those firms must and must not do; (2) enforce Pro-Competition Interventions in order to remedy competition problems; and (3) require the reporting of M&A activity before deals are completed. This new regime is expected to enter into force in the Autumn (following the UK general election in July). The UK is the latest jurisdiction to introduce regulation specifically targeting the largest tech firms, with the EU's Digital Markets Act (DMA) being the other most high-profile example. While the two pieces of legislation do vary materially (see below), the basic aim remains the same – promoting the openness, transparency, 'fairness' and, in turn, competitiveness of digital markets. Please see our 5 key take-aways below, which also pick-up how the DMCC Act most clearly deviates from the DMA. For our take on the merger control, competition law and consumer law aspects of the new Act see https://lnkd.in/eKgGWbY9, https://lnkd.in/er9-fU_M, https://lnkd.in/eg4gw53P. Read the full briefing on our website: https://lnkd.in/esTZUVNX #DMCCAct #Digital #BigTech

One to watch; Competitions and Markets Authority has published an overview of how they intend to operate the new Digital Markets competition regime once the #DigitalMarkets, Competition and Consumers Bill becomes law. https://lnkd.in/eWxuwvzY

The CMA’s remit is set to expand with the introduction of the Digital Markets, Competition and Consumers (DMCC) Bill. The CMA has published an overview of the outcomes it will seek to achieve and the issues it will seek to address and sets out 11 principles underpinning how the CMA will carry out its new digital markets role. #CMA #DMCC #DigitalMarkets #Competition

The CMA’s remit is set to expand with the introduction of the Digital Markets, Competition and Consumers (DMCC) Bill. The CMA has published an overview of the outcomes it will seek to achieve and the issues it will seek to address and sets out 11 principles underpinning how the CMA will carry out its new digital markets role. #CMA #DMCC #DigitalMarkets #Competition

[Insights] 📰 In our latest briefing on the recently enacted DMCC Act 2024, our pan-European team focuses on what customers and competitors of regulated 'Big Tech' need to know ahead of the UK's new digital markets regulatory regime coming into force. The piece includes insights from the new UK partner Laila Wood, who worked on the draft legislation while on secondment at the CMA, as well as views from our French team composed of Michaël Cousin (partner) and Jugwal DOYEN (associate), explaining how the UK can learn from challenges in early implementation of the EU's own digital markets regime. You can access the briefing via this link: https://lnkd.in/e-kkdxgm #DMCCBill #DMCCAct #digitalmarkets #competitionlaw #AddleshawGoddard

In May 2024, the UK Competition and Markets Authority (CMA) published its draft guidance for the digital markets competition regime, as established by the Digital Markets, Competition and Consumers Act (the Act). In response to the public consultation, RBB submitted a reply setting out a number of observations. We acknowledge that the Act has the potential to deliver meaningful benefits to competition in the digital space. Moreover, the CMA’s commitment to adopting an evidence-based approach is welcome. However, implementation is not without risk. It has the potential to impose a significant regulatory burden on firms and to chill competition and innovation, to the detriment of consumers. The draft guidance exacerbates these risks by creating considerable uncertainty as to which firms and activities will be captured by regulation and failing to acknowledge that there is a well-recognised process for assessing substantial market power that can (and should) apply in respect of digital markets. We urge the CMA to provide more clarity, in line with established economic principles, to resolve these issues. Read RBB's response here: https://lnkd.in/evTMujd8 #CompetitionLaw #CompetitionPolicy #DigitalCompetition #RBBEconomics

The CMA’s remit is set to expand with the introduction of the Digital Markets, Competition and Consumers (DMCC) Bill. The CMA has published an overview of the outcomes it will seek to achieve and the issues it will seek to address and sets out 11 principles underpinning how the CMA will carry out its new digital markets role. #CMA #DMCC #DigitalMarkets #Competition