Digital Markets Act – Will It Change Competition Law Enforcement As We Know It?

• Jurisdiction: European Union
• Year: 2022
• Author: Natalie Harsdorf-Borsch

Speaker

Dr. Natalie Harsdorf-Borsch is currently Deputy Director General of the Austrian Competition Authority, as well as its Managing Director. Before that she served as Deputy Managing Director and Head of Legal Service at the agency. Harsdorf studied Law at the Universities of Vienna and Dublin and also holds a law degree of the College of Europe in Bruges. Since 2019 Natalie Harsdorf is a member of the OECD Competition Bureau as UNCTAD-OECD coordinator. Also, she is co-founder of the women competition network Austria.

Topic

This e-presentation provides an in-depth analysis of the Digital Markets Act (DMA) and its implications for antitrust enforcement and merger control, particularly from the perspective of the national enforcer. The presentation aims to shed light on the recent amendments made to Austrian and German legislation and their interplay with the DMA.

The Digital Markets Act, proposed by the European Commission, represents a significant development in regulating digital markets and ensuring fair competition in the European Union. It aims to address the challenges posed by dominant digital platforms, such as Google, Facebook, and Amazon, by establishing a harmonized framework for market supervision and enforcement.

During the e-presentation, we will delve into the key provisions of the DMA that are relevant to antitrust enforcement and merger control. This will include a thorough examination of the criteria for designating certain online platforms as "gatekeepers" and the obligations imposed on them to ensure fair and open competition.

Furthermore, we will explore the specific amendments introduced in Austrian and German law to align with the DMA's objectives. These changes may include the expansion of regulatory powers and enhanced cooperation between national enforcers and the European Commission.

By analyzing the relationship between the DMA and national legislation, we will assess the potential challenges and opportunities that arise for the national enforcers. This will involve a discussion of how the DMA complements or overlaps with existing antitrust and merger control frameworks, as well as the impact on enforcement...