{"title":"Article: The Digital Markets Act and the Whack-A-Mole Challenge","authors":"J. Franck, Martin Peitz","doi":"10.54648/cola2024024","DOIUrl":null,"url":null,"abstract":"This article addresses the implementation of the Digital Market Act’s rules on anti-circumvention. An effects-based approach is presented and a three-step methodology is proposed to identify whether a certain practice should be conceptualized as circumventing an obligation. This approach is applied to several practices suspected of circumventing the ban on parity clauses and an analysis is carried out to establish how the results fit into the Digital Market Act’s concept and instruments for avoiding circumvention. Moreover, the role that the anti-circumvention rules may play in safeguarding the effectiveness of the restrictions on tying and self-preferencing in ranking are elaborated on, thus illustrating how they may operate to future-proof the Digital Markets Act but also where their limitations lie.\nDigital Markets Act, anti-circumvention, antitrust law, price parity clauses, bundling, self-preferencing","PeriodicalId":47406,"journal":{"name":"Common Market Law Review","volume":null,"pages":null},"PeriodicalIF":1.7000,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Common Market Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.54648/cola2024024","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
引用次数: 0
Abstract
This article addresses the implementation of the Digital Market Act’s rules on anti-circumvention. An effects-based approach is presented and a three-step methodology is proposed to identify whether a certain practice should be conceptualized as circumventing an obligation. This approach is applied to several practices suspected of circumventing the ban on parity clauses and an analysis is carried out to establish how the results fit into the Digital Market Act’s concept and instruments for avoiding circumvention. Moreover, the role that the anti-circumvention rules may play in safeguarding the effectiveness of the restrictions on tying and self-preferencing in ranking are elaborated on, thus illustrating how they may operate to future-proof the Digital Markets Act but also where their limitations lie.
Digital Markets Act, anti-circumvention, antitrust law, price parity clauses, bundling, self-preferencing
期刊介绍:
The Common Market Law Review has provided a forum for the keenest legal minds in the fields for more than 40 years. Because of the international composition of its Editorial Board, and in view of the fact that it is able to attract contributions from all over Europe, and from the United States, the Review is able to adopt a unique approach to capitilize Community issues. Each issue contains articles dealing with matters of current interest; the authoritative treatment given to each topic ensures lasting juridical value. This pre-eminent journal brings you detailed, in-depth examination of the most pressing and far-reaching issues on Community Law.