Digitalisation vs Antitrust – Round 2 (editorial Preface)

How quickly times are changing! Some six months ago I mentioned in the TTP editorial that "there was growing belief amongst regulators that competition may not be working effectively in technology markets" and that a "radical overhaul of competition law" was needed. Fast forward to November 2020, and we are eagerly awaiting the publication by the European Commission of new draft legislation (announced for 9 December), to improve the enforcement of rules to counteract perceived novel problems posed by digital service providers.

The Commission will propose rules to address the risks faced by users of platforms and enable effective enforcement, the Digital Services Act ("DSA", see also here). In this context, the European Commission will also propose the so-called New Competition Tool ("NCT"), which will include powers to impose ex ante measures on digital platforms even in the absence of demonstrated abusive conduct. The DSA and NCT shall ensure effective competition