Existing Regulatory Paradigms

Cambridge University Press eBooks, pp. 185–213

Abstract

There are three regulatory regimes already governing digital markets: the Digital Markets Act, the Digital Markets, Competition and Consumer Act, and Section 19a of the Gesetz Gegen Wettbewerbsbeschränkungen. These three regulatory regimes rely on distinct approaches to regulate digital markets, and each pursue its own objectives. This chapter explains why the DMA should be viewed as a rules-based platform-focussed approach, the DMCCA is a principles-based sectoral approach, and Section 19a GWB is an ecosystem and competition-law based approach. The chapter sets out the perks and drawbacks of each of these regulatory approaches and explains why they each independently may not be sufficient to restore competition in the digital network industry.

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