Chillin'Competition

I was privileged to speak, yesterday, at the conference jointly organised by UCL and White & Case, which was devoted to the Moving Boundaries of Competition Law. With James Killick as chair, I discussed the institutional aspects of the Draft Digital Markets Act alongside Cristina Caffarra, Cani Fernández, Peter Freeman, Georgios Gryllos and Andriani Kalintiri. I learnt a great deal about procedure and the potential challenges that may result from the adoption of the new regime.

It was not the first time I benefitted from Cani Fernández‘s unique insights as President of an authority that deals with both competition law and sector-specific regulation (on top of a lifetime as a leading practitioner). She kindly accepted our invitation to write an editorial for JECLAP on the relationship between the Draft DMA and Articles 101 and 102 TFEU. The editorial is now available as an advanced piece, and free of charge, here.

As you see, Cani considers the potential impact of a new instrument that would overlap with existing provisions, and pleads in favour of the adoption of coordination mechanisms to ensure not only that Articles 101 and 102 TFEU continue to play a role in digital markets, but also to avoid discrepancies and preserve legal certainty. Enjoy!