Publication at Faculty of Law |
2022
Abstract
After a series of attempts to discipline online platforms through competition law, ex ante regulation becomes an increasingly popular option. This article compares the EU's DMA proposal with the new German Section 19a GWB.
While the former comes closer to 'genuine' ex ante regulation, the latter is an example of 'weaponised competition law'. The comparison shows that the DMA proposal should guarantee a higher degree of legal certainty and swiftness of intervention.
The German solution allows for more flexibility and can thus better promote dynamic efficiency. It might also allow for more regular judicial scrutiny.
It could however lead to slower intervention if not accompanied by other tools.