Digital Market Act: Institutional and Enforcement Design

Thursday 08 July 2021 ore 17:00 - 18:30

On Thursday 8 July, the DEEP-IN NETWORK powered by I-Com, organised the Webinar Digital Market Act: Institutional and Enforcement Design”.

The Webinar provided a forum for a fruitful dialogue among EU academics, on the Digital Markets Act (DMA), one of the two legislative initiatives published last December by the European Commission as part of its European Digital Strategy, Shaping Europe’s Digital Future.

After the introductory remarks by Mr. Colangelo, scientific and managing Director, DEEP-IN NETWORK, and by Mr. da Empoli, President, I-Com, the speakers shed a light on the institutional and enforcement design of the DMA.

Each speaker delved into a different aspect of the complex subject, providing the attendees with his/her perspective on the matter. Specifically, the speeches touched upon the following issues: the possibility/opportunity of considering article 114, instead of article 103 of the TFEU, as the legal basis for the regulation; the qualifying criteria defining gatekeepers and the obligations deriving from article 5 and 6 of the regulatory framework; the interaction between the DMA and antitrust rules at European and national level, and the Commission’s exclusive enforcement powers as well as the requests by member states and national antitrust authorities to redistribute such powers.

The event, moderated by Mr. Nicita, LUMSA Professor, continued with a live Q&A session.

Here the event’s agenda.

Speakers:

[tp no_translate]Giuseppe COLANGELO
University of Basilicata, LUISS, and Stanford Law School[/tp]

Bio

Giuseppe Colangelo is a Jean Monnet Professor of European Innovation Policy. He is also an Associate Professor of Law and Economics at University of Basilicata, and an Adjunct Professor of Markets, Regulation and Law, and of Legal Issues in Marketing at LUISS Guido Carli in Rome, Italy. He graduated in Law from LUISS Guido Carli, earned an LL.M. in Competition Law and Economics at the Erasmus University of Rotterdam, and a Ph.D. in Law and Economics at LUISS Guido Carli. His primary research interests are related to innovation policy, intellectual property, competition policy, market regulation, and economic analysis of law. Giuseppe has been a TTLF Fellow since August 2017.

[tp no_translate]Stefano DA EMPOLI
Roma Tre University and I-Com[/tp]

Bio

Stefano is the president and principal policy analyst at I-Com, the Institute for Competitiveness, a think tank based in Rome and Brussels which he founded in 2005. He currently teaches political economy and economic policy at the Roma Tre University, in Rome. Stefano has served in key advisory or expert positions on a number of taskforces or scientific boards, including: Vice President of the Health City Institute; Scientific Director of the La Scossa Association; Board member of the European Foundation EYPROM; Expert Member of the Eurelectric Task Force on Investment; Expert Member of the Technical Secretariat for the Protection of Nature in the Italian Ministry of the Environment; Director at the Observatory on Energy Policy of the Einaudi Foundation. Stefano has also undertaken study and consultancy assignments for Italian and international public institutions, including the Senate of the Republic, the Department for EU policies, the Ministry of Cultural Heritage and the OECD, leading companies and non-profit organizations.

[tp no_translate]Alexandre DE STREEL
University of Namur and CERRE[/tp]

Bio

Alexandre de Streel is Academic Co-Director at CERRE and a professor of European law at the University of Namur and the Research Centre for Information, Law and Society (CRIDS/NADI). Since April 2021, he is also the Chair of the EU Observatory on Online Platform Economy. He is a Hauser Global Fellow at New York University (NYU) Law School and visiting professor at the European University Institute, SciencesPo Paris and Barcelona Graduate School of Economics, and also assessor at the Belgian Competition Authority. His main areas of research are regulation and competition policy in the digital economy as well as the legal issues raised by the developments of artificial intelligence. Recently, he advised the European Commission and the European Parliament on the regulation of online platforms.

[tp no_translate]Valeria FALCE
European University of Rome[/tp]

Bio

Valeria Falce is Full Professor of Business Law at Università Europea di Roma. She is the Delegate of the Dean for Postgraduate Studies and the Scientific Coordinator of the PhD course “Person and Wellbeing”. Furthermore, Mr. Falce was appointed Non-Governamental Advisor (NGA) of the worldwide network of competition authorities. Falce is a member of the appeals commission against the trademark and patent office, full member of the Italian banking and financial arbitrator at the Collegio Milano, and the director of the research centre of excellence in copyrights CREDA. Ms. Falce is a co-Founder of the Italian Academy of the Internet code, and Jean Monnet Professor of European Innovation Policy.

[tp no_translate]Alfonso LAMADRID de PABLO
Garrigues[/tp]

Bio

Alfonso Lamadrid is a partner in the EU & Competition practice at Garrigues. He has extensive experience in relation to cartel investigations, vertical and horizontal agreements, unilateral conduct, merger control and State aid. Lamadrid also advises companies on the design, implementation and assessment of commercial strategies and compliance programs. He is director of the Spanish and European Competition Law Course at Instituto de Estudios Bursátiles (Madrid), a visiting professor at the Brussels School of Competition (Brussels), and has lectured at several national and international universities, institutions and forums, including Harvard Law School, the College of Europe, the European University Institute, the Academy of European Law, the London School of Economics, the Global Competition Law Center, the European Association of Competition Law Judges, the Spanish Antitrust Association, the Rome Antitrust Forum and the Spanish and Swedish competition authorities. Since 2017 Alfonso is a non-governmental advisor of the European Commission before the International Competition Network.

[tp no_translate]Giorgio MONTI
University of Tilburg[/tp]

Bio

Giorgio Monti is Professor of Competition Law at Tilburg Law School. He began his career in the UK first in Leicester 1993-2001 and then to the London School of Economics 2001-2010, before taking up the Chair in competition law at the European University Institute in Florence, Italy (2010-2019). While at the EUI he helped establish the Florence Competition Program which carries out research and training for judges and executives. He also served as Head of the Law Department at the EUI. His principal field of research is competition law, a subject he enjoys tackling from an economic and a policy perspective. He is one of the editors of the Common Market Law Review.

[tp no_translate]Antonio NICITA
University of Rome – LUMSA[/tp]

Bio

Mr. Nicita is a lecturer in Economic Policy at the La Sapienza University of Rome, Department of Economics and Law. He is founder and secretary general of the Italian Society of Law and Economics and a member of the European Association of Law and Economics. He has been appointed Monitoring Trustee in cases of divestment by the European Commission, Directorate General of Competition. In the years 2006-2008 economic expert at the Prime Minister’s Office, Unit for Simplification and Quality of Regulation and member of the Technical Secretariat of the Minister of Communications. He has been a consultant for the OECD for the preparation of the report on the state of regulation in Italy, 2009. Since 2001 he has carried out consultancy activities on the issues of regulation and competition in network industries for companies and institutions and has carried out technical consultancy in arbitrations and before courts.

[tp no_translate]Anne WITT
EDHEC Business School[/tp]

Bio

Anne Witt is a Professor of Law and a member of the EDHEC Augmented Law Institute.  She gained her first law degree from the University of Freiburg im Breisgau, an LLM from the University of Virginia (Fulbright scholar), and a PhD from the University of Kent. She is admitted to the bar in Germany. She previously worked for the University of Leicester, and was a visiting research fellow at the European University Institute (2015) and an Emile Noël Research Fellow at NYU Law School (2019). Her key research and teaching interests lie in the area of competition law and the digital economy.