In this paper, I propose a market-based approach relying on a combination of selection criteria and antitrust methodology to determine the scope of economic regulation and its balance with competition law. I suggest a clarified three criteria test related to the presence of high non-transitory...

A new regulatory framework for electronic communications (fixed and mobile telephony, Internet, cable TV…) is due to be applicable in the Member States of the European Union in July 2003. This framework is composed of several Directives whose one – the Universal Service Directive –...

This paper analyses when EU intervention is needed to achieve this internal market for electronic communications. It sets legal and economic criteria to determine the appropriate scope of the EU intervention. It applies these criteria to several case studies and concludes that sometimes the EU...

Across the world, regulators and policy makers are grappling with how to establish a competitive, safe and fair online environment that also safeguards users’ fundamental rights as citizens. Ahead of the European Commission’s Digital Markets Act (DMA), this book “Digital markets and online...

The European Union is increasing the number of laws which apply to the providers of digital services, in particular to digital platforms, and each of them are based on a specific oversight and enforcement framework. As many of those new laws overlap, it is key for the effectiveness of oversight...

Economic thinking and analysis lie at the heart of the objectives and the design of the EU Digital Markets Act. However, the design of the DMA reflects a very deliberate—and reasonable—intention to ensure clarity, speed, administrability, and enforceability. In doing so, this pro-competitive...

The European Union has just adopted a very important new law – the Digital Markets Act - which will regulate the conducts of the Big Tech platforms in order to increase contestability and fairness of the digital markets, and ultimately increase innovation and choice for European users. As...

The Digital Markets Act (DMA) entered into force on 1 November 2022 and its rules will apply from 2 May 2023. The Commission should designate, for the first time, the gatekeepers subjected to the rules by September 2023 at the latest, and those platforms should comply with prohibitions and...

The European Commission is charged with implementing the Digital Markets Act (DMA) which will impose a list of 22 do and don't to Big Tech platforms in March 2024. Based on economic and legal reasoning, this paper asks how the Commission can fulfil this challenging task effectively. The paper...

This book chapter, written for the Research Handbook on EU media law and policy, summarises the EU regulation of telecommunications networks and services. It explains the main parts of the new regulatory framework established the European Electronic Communications Code, which is applicable since...