Denis Sparas (EU Commission, DMA Dir.): Digital Markets Act – First Wave of Cases, First Assessment

A very informative and sincere conversation with one of the main legal architects and senior enforcers of the Digital Markets Act system – Denis Sparas. We have covered a wide range of issues on the functioning of competition in digital markets – starting with normative and ending with operational.

The interview addressed inter alia the following matters:

– looking at the profiles of those recently hired DMA enforcers
– designation of gatekeepers: which gatekeeper is challenging what and on what ground
– future designations: what is in the pipeline
– the reaction of the Commission to the parade of designation challenges: were the rules designed properly?
– how well-staffed and well-resourced the Commission is
– different compliance strategies applied by different gatekeepers
– how litigious the new system is likely to be and which aspects of the DMA are most exposed to this
– what is hidden behind the fairness and contestability goals of the DMA
– is the 7th of March a big bang day?
– the importance of compliance reports
– the role of political leadership in channeling the enforcement of DMA in various (which?) directions
– empowering the users, empowering the choice
– lessons the DG CONNECT draws from electronic communications regulatory framework
– regulatory dialogue with gatekeepers: what, why, when and how
– DMA and Art 102 TFEU
– the substance & the format of the regulatory dialogue
– rights and opportunities of third parties to be active players in the system
– compliance or enforcement?
– the role of delegated acts
– the more targeted the action the more aggressive response is likely to take place
– visualising the daily routine of the DMA team
– broader societal interests in the DMA system: should they be taken into account, and if yes then how
– the rationale and the mechanics of anti-circumvention provisions
– relationship between DG Comp & DG Connect in daily enforcement of the DMA
– possible discrepancies in the broader vision about the mission of the DMA between both DGs
– relationship between DMA & DSA enforcement mechanisms
– is there a reason for designation criteria for VLOPs & VLOSEs being lower than for gatekeepers (meaning that newcomers will become VLOPs before they become gatekeepers)
– lessons for UK DMCC regime
– recommendations to those aiming to join the Commission in enforcing the DMA

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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 leading policymakers, regulators and practitioners. We also organise online mini-workshops inviting high-profile experts and academics in various fields of digital competition law & policy to discuss the most vibrant issues of the ongoing regulatory reforms in digital markets.

While having our clear normative stand on the matters discussed within the hub, we value different views and invite relevant stakeholders and thinkers representing the whole spectrum of reasonable positions on how to regulate competition in digital markets.

All our materials are available at YouTube channel, which you are very welcome to subscribe to.

Interview is organised & conducted by Prof. Oles Andriychuk, Newcastle Law School, UK