Search

Begin New Search Topic Innovation Content Type Policy Brief Publishing Institution Bruegel Publication Year within 3 Years

1. A model for a participative approach to digital competition regulation

Author:
Christophe Carugati
Publication Date:
02-2023
Content Type:
Policy Brief
Institution:
Bruegel
Abstract:
Digital competition regulations often put in place participative approaches to ensure competition in digital markets. The participative approach aims to involve regulated firms, stakeholders and regulators in the design of compliance measures. The approach is particularly relevant in complex and fast-evolving digital markets, where whole industries often depend on the behaviours of the regulated firms. The participative approach enables stakeholders and regulated firms to design compliance measures that are optimal for all because they ensure legal certainty for regulated firms, save time for regulators and take into account the views of stakeholders. However, the participative approach is subject to regulatory capture. The regulated firms and stakeholders might try to promote their interests to the regulator. This could result in endless discussions at best, and the adoption of inappropriate solutions following intense lobbying at worst. A governance model is necessary to ensure that the participative approach works without risks of regulatory capture. The model should define clearly each participant's role, duties and rights. There should be: 1) equal and transparent access of all stakeholders to the dialogue; 2) the presentation of tangible and evidence-based solutions from stakeholders and regulated firms; 3) public decisions from the regulator that contain assessments of the proposed solutions, with guidance to clarify rules; and 4) compliance measures proposed by the regulated firm in line with the guidance. The model should provide an assessment framework for the proposed solutions to identify the most effective. The assessment should rely on the principle of proportionality to assess whether the proposed compliance measure is proportionate, to ensure the effectiveness of the regulation. Finally, the model should safeguard against regulatory capture thanks to transparency rules and external monitoring.
Topic:
Regulation, Digital Economy, Innovation, Stakeholders, and Competition
Political Geography:
Global Focus

2. Which mergers should the European Commission review under the Digital Markets Act?

Author:
Christophe Carugati
Publication Date:
12-2022
Content Type:
Policy Brief
Institution:
Bruegel
Abstract:
Large digital platforms acquired 1149 firms in various economic sectors between 1987 and July 2022. The European Commission reviewed only 21 of these mergers as most did not meet the European Union merger control turnover threshold. This suggests under-enforcement, with some problematic mergers escaping merger review and thus posing competition risks. The EU Digital Markets Act, which entered into force in November 2022, imposes obligations on firms that are considered ‘gatekeepers’ in relation to some core platform services, such as online search engines. In particular, these firms must now inform the Commission of all their intended acquisitions. This, in combination with Commission guidance on referrals by EU national competition authorities of mergers for review, should ensure more merger reviews in the digital sector. Current European Commission guidance on referring cases for merger review is flexible but impractical as it relies on theories of harm rather than clear and objective criteria. Without clarification, there could be over-enforcement in which unproblematic mergers are reviewed, human resources are allocated inefficiently and legal uncertainty persists. The Commission should issue new guidance on which digital mergers are likely to be problematic, thus triggering referral for merger review. This is likely to be the case when the target’s user base overlaps with that of the acquirer, when the target is a leader in a future critical market and when the target is active in a core platform service.
Topic:
Economy, Innovation, European Commission, and Digital Markets Act (DMA)
Political Geography:
Europe

3. How to implement the self-preferencing ban in the European Union’s Digital Markets Act

Author:
Christophe Carugati
Publication Date:
12-2022
Content Type:
Policy Brief
Institution:
Bruegel
Abstract:
Large online platforms are intermediaries between end-users and business users. They sometimes propose their own products and services alongside those of rivals. This can lead to platforms promoting their offers over those of competitors in so-called self-preferencing. The European Union Digital Markets Act (DMA) bans large online platforms under its scope from treating their own products and services more favourably that those of rivals when ranking, crawling and indexing. Platforms – or gatekeepers in the DMA definition – should apply transparent, fair and non-discriminatory conditions when ranking products and services. However, the identification, detection, compliance with and monitoring of self-preferencing is complex and resource-intensive. It requires a case-by-case approach and access to and analysis of platform data and algorithms. The DMA allows gatekeepers to promote their own products and services if rivals are subject to the same treatment. Nonetheless, the DMA neither defines equal treatment nor the main elements of self-preferencing, thus preventing platforms within the DMA’s scope from correctly applying the prohibition. To ease enforcement, the European Commission should issue guidance on what constitutes self-preferencing under the DMA, outlining two main principles. First, gatekeepers should use objective and unbiased parameters to determine ranking, indexing and crawling. Second, gatekeepers should demonstrate equal treatment. The guidance will make compliance easier. The Commission should then monitor compliance by appointing and ensuring sufficient rotation of external auditors to avoid capture by gatekeepers. The Commission should also work with competent national authorities that develop technological tools. When monitoring flags a risk of non-compliance, the Commission should then further specify the ban on self-preferencing on a case-by-case basis.
Topic:
European Union, Digital Economy, Economy, Innovation, and Digital Markets Act (DMA)
Political Geography:
Europe

4. Promotion of high capacity broadband to rebuild and recover from the pandemic

Author:
J. Scott Marcus, Alicia Garcia-Herrero, and Lionel Guetta-Jeanrenaud
Publication Date:
11-2022
Content Type:
Policy Brief
Institution:
Bruegel
Abstract:
Promoting high-quality fixed and mobile broadband for all, at an affordable price, is an important enabler of the digital transformation of society and will help close the digital divide. This became clearer than ever during the pandemic, when broadband access was a crucial enabler of remote work, distance learning, telemedicine and e-commerce. It has always been challenging to provide broadband access to all at an affordable price. The pandemic, global geopolitical tension and Russia’s invasion of Ukraine have exacerbated supply-chain disruptions in ways that make this even more difficult and potentially expensive. Promotion of broadband deployment, adoption and use are all important for both fixed and mobile broadband; however, different policy levers are needed in each case, on both the supply and demand sides. The market will not always deliver complete solutions. Consequently, there is a role for regulation, targeted industrial policy and public finance. Promotion of competition, combined with prompt and efficient provision of access to resources such as electromagnetic spectrum and access to land and rights of way, can be particularly important. G20 countries and others now seek a future-proof, sustainable and equitable recovery, meaning new sources of public revenues need to be considered. Broadband can be boosted by judicious use of recovery funds and expected new tax revenues arising from global tax reforms agreed within the Organisation for Economic Co-operation and Development.
Topic:
Infrastructure, Digital Economy, Innovation, COVID-19, and Inclusion
Political Geography:
Europe and Global Focus

5. Blending the physical and virtual: a hybrid model for the future of work

Author:
Monika Grzegorczyk, Mario Mariniello, Laura Nurski, and Tom Schraepen
Publication Date:
06-2021
Content Type:
Policy Brief
Institution:
Bruegel
Abstract:
The pandemic has shown that many workers can efficiently work remotely, with benefits for wellbeing and even productivity. The European Union should develop a framework to facilitate hybrid work.
Topic:
European Union, Work Culture, Innovation, Strategic Competition, Pandemic, and COVID-19
Political Geography:
Europe and Global Focus