DIGITAL MARKETS ACT: A NEW PHILOSOPHY OF COMPETITION REGULATION IN THE EU

The EU competition policy is on the verge of significant reform. The main provisions of the reform are set out in the draft legislative document, the Digital Markets Act, initiated by the European Commission. However, its content goes beyond this Act. The project is subject to detailed and multilateral discussion in the EU. In view of the direct link between the economies of the EU and Ukraine and the prospects of Ukraine’s membership in the EU, there is an ongoing general adaptation of Ukrainian legislation and technical regulations to EU requirements and standards. Naturally, this reform will soon become part of the harmonization process. Given the complexity and multifaceted nature of this reform, not only its coverage of legislation, but also changes in the modality of relations between competition authorities and the largest players in the digital economy, it is advisable to initiate such a discussion today while the bill is under development. With this in mind, as well as the general novelty of this process, the three main components of the reform are analyzed. The external preconditions that prompted the European Commission to take such innovative (and rather controversial) legislative steps are considered, and the context and driving forces are described. The main procedural elements of the bill are highlighted, the original formula of selection among the subjects of the digital economy exclusively of its largest system participants and imposing on them a wide range of obligations to protect and encourage competition in the EU digital markets is shown. The material side of the new responsibilities envisaged by the reform is described, the importance of its adoption or at least an in-depth analysis for Ukraine is emphasized.

Crystal ball gazing: where next for UK competition law and policy post-Brexit?

The Trade and Cooperation Agreement broadly sets out the nature of the relationship contemplated between UK and EU competition law and policy following Brexit. The question is whether the UK will capitalize on its newfound discretion to deviate its competition policy from the EU in the future. This article considers some of the potential new directions that might be taken within the UK's competition law landscape, specifically in relation to merger control, antitrust and subsidy control. It explores some of the problems and opportunities created in the wake of Brexit, as well as the legal and practical ramifications of future divergences between UK and EU competition policy. Furthermore, it considers how the Competition and Markets Authority may fare in enforcing new policy, as well as its potential interactions with regimes both within and outside the EU.

10. An Introduction to EU Competition Policy and Law

The idea of competition lies at the heart of the capitalist system and at the heart of European Union (EU) economic law. The broad policy objective remains to maintain and encourage competition for the benefit of the EU and its citizens. This chapter discusses EU competition law and covers the basic outline of EU competition policy; Art 101 TFEU; Art 101(2) TFEU and the consequence of a breach; Art 101(3) TFEU exemptions; Art 102 TFEU and the abuse of a dominant position; the relationship between Arts 101 and 102 TFEU; the enforcement of EU competition law; conflict of EU and national law, state aid; and EU merger control.

Fundamental Rights in EU Competition Enforcement

This chapter assesses the role of fundamental rights in EU competition enforcement. EU competition policy comprises a number of limbs, each with its own peculiarities and rules but together contributing to the objective of protecting (relatively) undistorted competition in the Union's internal market. The key reason why EU competition policy is an interesting and important case study from the point of view of fundamental rights application is enforcement. Unlike in other areas, the EU, in particular the European Commission, wields considerable powers when it comes to the protection of undistorted competition in the internal market. Although the extent of the enforcement powers and their potential impact on fundamental rights differs between the various aspects of competition policy, the field as a whole embodies supranational authority as almost none other. This is so despite the fact that in enforcing competition law the Commission cooperates closely with national competition authorities (NCAs) as part of the European Competition Network (ECN) and that the majority of decisions applying EU antitrust rules are taken by the NCAs.