Full Description
This open access book brings together experts from both EU competition law as well fundamental rights backgrounds, discussing the most recent developments in EU legislation on digitalisation. Most prominently, it explores the recently introduced Digital Markets Act (DMA), including a discussion on other related legislative acts and the respective case law. It is aimed mostly at academics and researchers in the area of digitalisation, EU competition law, and the EU Charter, but will also provide some useful insights from practitioners in the field.
The internet has long been neglected and exempt from being regulated at EU level. In particular, this concerns the application of fundamental rights. The specific challenges for the digital sphere are numerous; worldwide scope, easy access, interoperability, rapid technological change, fluctuating market conditions, anonymity, disinformation, lack of traceability and thus enforcement, to name but a few. Fundamental EU values, in particular including democracy and the respect for human rights, have suffered as a direct result of these growing problems in the digital sphere. More recently, however, the EU has started to actively regulate the new technologies in order to avoid European values being undermined by an unregulated internet.
In the specific field of competition law, the development of new technologies has created many challenges and raised questions for the legislator how to regulate big market players: their cross-border nature, vicissitudes, and enormous market powers allow some of them to be able to escape legal scrutiny under the current set of ex-post rules. The DMA now introduces an ex-ante mechanism for competition law and claims to be aligned with the procedural and institutional rights granted under the Charter, which will be scrutinised and challenged by the various contributions in this book.
Contents
New Directions in Digitalisation: An Introduction.- Part I: The Competition Dimension.- Licence to Regulate: Article 114 TFEU as Choice of Legal Basis in the Digital Single Market.- The Objectives of Regulating the Digital Economy indicate that there is a right to data in the Digital Markets Act with direct effect and applicability.- EU Digital Competition Law: Starting from Scratch.- Enough of fairness: pre-emption and the DMA.- The Power to carry out Dawn Raids under the Digital Markets Act - Nothing more than a Scarecrow?.- Part II: The Fundamental Rights Dimension.- The Interaction between Free Movement and Fundamental Rights in the (Digital) Internal Market.- A reading of the Digital Markets Act in the light of fundamental rights.- Enhancing Autonomy of Online Users in the Digital Markets Act.- The Digital Markets Act and the Principle of Ne bis in idem: A Revolution in the Enforcement of EU Competition Law?.- Between Online and Offline Due Process: the Digital Services Act.- A new Framework for Limitation of Fundamental Rights in EU law?.- Part III: Future Directions in Digitalisation.- Digital constitutionalism, EU digital sovereignty ambitions and the role of the European Declaration on digital rights.- Making the Rule of Law Great Again: The Building of the Digital Rule of Law in the European Union.
