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The EU’s draft Digital Markets Act (DMA): mapping recitals onto the relevant articles

by Kevin Coates | Feb 3, 2021 | General

Caveat: this is a judgement exercise. The links I’ve made may be wrong and / or incomplete. Recitals without a specific Article: 1, 2, 3, 4, 5, 6, 7, 11, 34, 35, Articles without a specific recital: 1 (subject matter and scope), 14 (opening of market investigation),...

The EU’s draft Digital Markets Act (DMA): services and obligations reference

by Kevin Coates | Feb 3, 2021 | General

[Note this is just a reference sheet of the regulated services and the obligations.] Article 2(2)(a)  online intermediation services; Article 2(2)(b)  online search engines; Article 2(2)(c)  online social networking services; Article 2(2)(d)...

The EU’s draft Digital Markets Act (DMA): enforcement powers, and the curious treatment of Article 25

by Kevin Coates | Feb 3, 2021 | General

“I would draw your attention to the curious treatment of Article 25 in the recitals.” “But the recitals say nothing about Article 25.” “That is the curious treatment.” (With apologies to Sir Arthur Conan Doyle.) Remedies for...

The EU’s draft Digital Markets Act (DMA): consolidated text

by Kevin Coates | Feb 2, 2021 | General

As with all EU legislation, you need to read the DMA’s articles alongside the recitals which often provide useful context. And as with all EU legislation, that can lead to a lot of scrolling up and down when you’re trying to understand what’s going...

The EU’s draft Digital Markets Act (DMA): classifying the obligations

by Kevin Coates | Feb 1, 2021 | General

The EU published its proposal for a Digital Market Act in December. Articles 5 and 6 of the draft contain various obligations to be imposed on gatekeepers. In this table, I take the obligations under Articles 5 and 6 of the draft DMA and: I provide a short...

Data: the uniqueness of the dataset and the slope of the value curve

by Kevin Coates | Nov 1, 2020 | General

Some questions to ask about datasets and the importance of that data for markets, firms and allegations of market power: Is the data already replicated elsewhere? Is the data replicable? Is it rivalrous? If it is does the value of the dataset continue to increase with...
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