Digital Markets Act Workshop: Fabiana Di Porto, Henry Mostyn, Marco Botta, Oles Andriychuk – DMA

00:00 Introduction
00:25 Henry Mostyn (HM) – Outlining timeline
03:20 Marco Botta (MB) – At what point litigation is likely to begin
04:20 MB – Litigating or finding less confrontational ways
07:20 Fabiana Di Porto (FDP) – Missing clarity about authorities co-applying the DMA alongside the Commission
11:20 HM – How much litigation should we expect
12:30 HM – On defining core platform services (CPS)
13:00 HM – Where the CPS starts and where it ends
14:20 HM – Implications from adopting the DMA under Art 114 TFEU (instead of Art 352)
16:00 OA – What if a service meets the criteria of CPS but is in fact the only real competitor to the largest CPS?
18:40 HM – The rules are written in a way that No. 2 will share the data with No. 1
19:40 OA – Are obligations sufficiently detailed or are they open-ended?
20:30 MB – Obligations are rather open-ended
22:00 MB – Even obligations of Art 5 are not self-executing
24:05 FDP – On the role of interpretation in fine-tuning the meaning of DMA provisions
25:50 FDP – DMA obligations should be conceptually disassociated from traditional antitrust provisions (and logic)
29:00 FDP – On self-preferencing
32:30 OA – If the standard of proof is decreased should we infer that this is designed only for the Commission?
33:50 HM – Standard of proof and private enforcement
35:20 HM – Which of the DMA provisions are likely to have horizontal direct effect
36:55 MB – Private enforcement of the DMA (going beyond Art 5 DMA)
39:20 MB – Collective redress and the role of Directive (EU) 2020/1828
41:10 FDP – On expanding the role of the DMA to the area of consumer interests / collective redress
45:00 OA – Does the fact that private action is defined only in Art 42 implicitly mean the scope of private enforcement envisaged in the DMA?
47:00 FDP – On the substance and implications of Art 13 DMA Anti-circumvention provisions
51:00 FDP – On dark patterns and Art 13 DMA
55:40 HM – On anti-circumvention clauses as being implicitly present in every binding legislation
57:00 MB – On anti-circumvention provisions expanding the scope of substantive obligations of the DMA
59:00 OA – Should anti-circumvention imply intent?
01:00:00 All panelists – Projecting the role of the DMA to 2026: who are likely to be the main winners and losers?
01:09:30 All panelists – Recommendations for students and early-career researchers and practitioners.

In this workshop Prof. Marco Botta (European University Institute), Henry Mostyn (Partner, Cleary Gottlieb), Prof. Fabiana Di Porto (Università del Salento) and Prof. Oles Andriychuk (Newcastle University) offer their views on the procedural elements of the functioning of digital markets after entering into force of the DMA.

Ass. Prof. Fabiana Di Porto, University of Salento, Co-Editor in Chief of the peer-reviewed, A-rated Italian law journal “Concorrenza e mercato”; Member of the Executive Board of the Academic Society for Competition Law (ASCOLA).

Henry Mostyn, Partner, Cleary Gottlieb, representing clients before the European Commission and the UK CMA, as well as litigation before the European Courts in Luxembourg and the UK High Court. His particular focus is on the application of the abuse of dominance rules to the technology sector.

Prof. Marco Botta, Robert Schuman Centre for Advanced Studies, EUI; Affiliated Research Fellow at the Max Planck Institute for Innovation and Competition (MPI) in Munich (Germany); Adjunct Professor at the Law Faculty of the University of Vienna (Austria)

Prof. Oles Andriychuk, Newcastle Law School.

We welcome your feedback.

The Digital Markets Research Hub is an independent academic initiative aiming at scrutinising the functioning of competition/regulation in digital markets. We host one-to-one interviews with the leading thinkers, policymakers, regulators and practitioners. We also organise online mini-workshops inviting high-profile experts in various fields of digital competition law & policy to discuss the most vibrant issues of the ongoing regulatory reforms in digital markets.

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