Berec publishes final report on ex ante regulation of 'digital gatekeepers'

News General Europe 6 OKT 2021
Berec publishes final report on ex ante regulation of 'digital gatekeepers'

The assembly of EU telecommunications regulators Berec has announced the publication of a final report proposing a stronger ex ante regulatory framework to control large digital platforms rather than relying on ex post competition investigations or legal proceedings. Following a series of public consultations, Berec said it has improved its draft document and reinforced its initial proposals designed to ensure a “swift, effective and future-proof” regulatory intervention towards digital gatekeepers.

Final proposals include remedy-tailoring, the set-up of an Advisory Board for the Digital Markets Act (DMA), the need and conditions for a regulatory dialogue with different types of stakeholders and the introduction of a dispute resolution mechanism in the context of the DMA. 

Berec reiterated the need for an ex-ante asymmetric regulatory intervention towards digital gatekeepers, which it considers key to ensure that competition and innovation are encouraged, end-users’ interests are protected and the digital environment remains open and competitive. 

While supporting a regulatory intervention at the EU level, Berec said it believes that national competent independent authorities have existing skills on which the European Commission can rely on in the enforcement of the DMA. 

Berec will be presenting the final document and the outcomes of the public consultation during a public debriefing in Brussels on 06 October and will be holding a Stakeholder Forum in the Belgian capital on 28 October.

A final agreement on the DMA is expected in the first half of 2022, when France will hold the rotating presidency of the EU.  


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