Position Statement of the Max Planck Institute for Innovation and Competition on the Implementation of the Digital Markets Act

The Institute raises awareness about the possible overly broad blocking effects of the DMA on national rules, which may have the unintended consequences of privileging gatekeepers by jeopardizing future national legislative initiatives. This ultimately obstructs the achievement of contestability and fairness in digital markets. A complementary application of competition rules and effective enforcement of the DMA is, against this backdrop, crucial. Yet there is uncertainty over administrative enforcement mechanisms, and it is unclear what role private enforcement plays in the current legal design of the DMA. The position statement identifies and examines challenges in the implementation of the DMA, along with recommendations for overcoming them.

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The position statement can be found here.

Joint work with: Josef Drexl, Beatriz Conde Gallego, Begoña González Otero, Liza Herrmann, Jörg Hoffmann, Lukas Kestler

Giulio Matarazzi is a Research Fellow at the Max Planck Institute for Innovation and Competition. His research is focused on competition law, and the regulation of digital platforms, the internet, and telecommunications, with a particular focus on the Digital Markets Act and the European Electronic Communications Regulatory Framework. His professional background includes a period as an associate at BonelliErede Law Firm at the Antitrust Department, where he dealt with competition law and unfair commercial practices cases. 

Germán Oscar Johannsen is a PhD student at the University of Munich and a research fellow at the Max Planck Institute for Innovation and Competition. His research centers on competition law and policy in the digital markets. As a research fellow, he has also developed lines of research on big data merger control, Internet regulation, and data governance to achieve the Sustainable Development Goals. Germán is also a visiting lecturer of competition law at the Universidad Católica de Chile, and active blogger on tech and competition issues in Latin America.

In the Plamadiso Talks series, the research group “Digital Economy, Internet Ecosystem, and Internet Policy” invites experts to discuss topics relating to Platforms, Markets, and the Digital Society.