In March 2021, BEREC published an Opinion on the EU Commission’s proposed Digital Markets Act (DMA) and a draft report on the ex ante regulation of digital gatekeepers. In its Opinion, BEREC said that it “strongly supports” the Commission’s ambition and advocates making it a reality, ensuring that competition and innovation are encouraged, that end-users’ interests are protected and that the digital environment is open and competitive. BEREC also said that ex ante regulation is “the relevant way to do it”.

In the draft Report, BEREC set out some key proposals for regulation and enforcement of the DMA. This was published for public consultation, which closed in May 2021. BEREC says that stakeholders broadly supported most of its views and recognised the relevance and legitimacy of BEREC taking a stance on the proposed regulation of digital gatekeepers.

Having considered the responses, BEREC has now published its final Report, which it says reinforces its initial proposals and provides further details on them, such as: (i) tailoring remedies on a case-by-case basis in relation to highly technical, detailed and more intrusive measures; (ii) setting up an Advisory Board; (iii) the need and conditions for regulatory dialogue with different types of stakeholders; and (iv) setting up a dispute resolution mechanism.

The BEREC Report highlights the need for flexible regulation to ensure that competition and innovation are encouraged, end-users’ interests protected, and the digital environment is open and competitive. While supporting regulatory intervention at EU level, BEREC believes that the existing national competent independent authorities have skills on which the European Commission can rely in the enforcement of the DMA. To read BEREC’s press release in full and for a link to the Report, click here.