Key Recommendations on Digital Markets Act Amendments
Providing insights on the proposed amendments to the Digital Markets Act, this submission discusses the potential for success, challenges to address, and concrete action items for the European Parliament. It highlights the importance of clear economic policy choices, minimization of national fragmentation risks, and fostering innovation in the digital sector.
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Presentation Transcript
Remarks to IMCO on DMA Professor Nicolas Petit 20 Feb 2021 1
An instrument w/ high potential Conditions for success 1. Clear choice for single digital market 2. Credible commitment to improving entry conditions AT&T 1956 Settlement 3. Engage gatekeepers in platform to platform competition 2
if tailored amendments But current text weakened by: 1. Real national fragmentation risk 2. Unclear choice of economic policy Muddled art 5 and 6 obligations Reduced incentives to ecosystems creation, strategic alliance formation, and platform to complementor cooperation? Automotive? Space? 3. Blunting of platform to platform competition by differentiation? 3
Concrete action items for EP 1. Restate the DMA as a sectoral competition regulation of digital gatekeepers (// telcos and SMP), and develop an institutional model close to Reg 1/2003 2. Focus on rapacious conduct that is not self defeating 3. Articulate a clear choice of econ policy Distinguish tipped (non contestable) from untipped (contestable) markets Per se obligations in tipped markets w/ constraints on rent extraction => interoperability Moderate constraints on platform entry in untipped markets 4. Innovation? 5. Reorg art 5 and 6 (w/ ref to purpose of obligation) 4
