Digital Markets Act: DMA

The Digital Markets Act (DMA) brings a a whole range of new rules for large platform operators. The obligations go beyond competition and antitrust law. All companies that use the central platform services of the "gatekeepers" as well as the private end users of the platforms are also affected. They can invoke new rights before authorities and in court. The article-by-article commentary The volume explains, who, as "digital gatekeeper", is the direct addressee of the prohibited conduct, how the obligations must be implemented, what rights the commercial users of the platforms – i.e. traders, advertisers, app developers – are entitled to, and how to proceed in the event of a violation against gatekeepers. The commentary also considers the spill over effect of the DMA on other areas of law such as competition, media and data protection law. There is also a special focus on the possibilities of private enforcement. Main topics Determination of gatekeeper status Data access for commercial users and advertisers Prohibition of exclusivity and communication restrictions Self-preference of gatekeepers Circumvention and compliance obligations Procedures, enforcement, sanctions Relationship to German law, esp. German Act against restraints of Competition (“Gesetz gegen Wettbewerbsbeschränkungen”) Effects on merger control Private enforcement of rights by commercial users and consumers. Potential readers In-house counsels, companies, lawyers, competition authorities, supervisory authorities, business and consumer associations, research institutions, non-governmental organisations, European institutions. About the contributors The volume is edited by Prof. Dr. Rupprecht Podszun, "one of the leading voices in the EU competition community" (Politico). He served the European Parliament and the German Bundestag as an expert on the Digital Markets Act. The authors are renowned experts from German and Austrian law firms as well as the German Federal Ministry of Economics and Climate Protection: Philipp Bongartz, European Commission, Brussels | Dr. Sophie Gappa, Federal Ministry for Economic Affairs and Climate Protection, Berlin | Silke Heinz, LL.M., Cologne | Dr. Björn Herbers, M.B.L., Brussels | Dr. Florian Huerkamp, MJur, Düsseldorf | Dr. Thorsten Käseberg, LL.M., Federal Ministry for Economic Affairs and Climate Protection, Berlin | Alexander Kirk, Heinrich Heine University Düsseldorf | Prof. Dr. Rüdiger Lahme, Hamburg | Dr. Marcel Nuys, Düsseldorf | Prof. Dr. Rupprecht Podszun, Heinrich Heine University Düsseldorf | Prof. Dr. Andreas Ruster, Hamburg | Dr. Andreas Schwab, European Parliament, Brussels | Prof. Dr. Daniela Seeliger, LL.M., Düsseldorf | Dr. Anna Wolf-Posch, LL.M., Vienna (Austria