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Who should guard the gatekeepers: does the DMA replicate the unworkable test of regulation 1/2003 to settle conflicts between EU and National Laws?

Abstract:: The relationship between EU competition laws, national competition laws, and laws that regulate markets and market participants (e.g. unfair trading practices) has been on the EU agenda from its very inception. In recent years, the relationship between those laws and (EU and national) regulation of online platforms has sparked additional debate. The controversy revolves around the fate of national rules that are similar or overlapping with EU laws on competition (Article 101 and 102 TFEU) and on digital markets (the Digital Markets Act, “DMA”).

Publication status:: Published

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APA Style

Brook, O., & Eben, M. (2022). Who should guard the gatekeepers: does the DMA replicate the unworkable test of regulation 1/2003 to settle conflicts between EU and National Laws? SSRN.

MLA Style

Brook, O, and M Eben. Who Should Guard the Gatekeepers: Does the DMA Replicate the Unworkable Test of Regulation 1/2003 to Settle Conflicts between EU and National Laws? SSRN, 2022.

Chicago Style

Brook, O, and M Eben. 2022. Who Should Guard the Gatekeepers: Does the DMA Replicate the Unworkable Test of Regulation 1/2003 to Settle Conflicts between EU and National Laws? SSRN.
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Files:: Brook_and_Eben_2022_Who_should_guard.pdf

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Publication website:: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4305810

Authors

+ Brook, O More by this author

Institution:: University of Oxford
Division:: SSD
Department:: Law
Oxford college:: Pembroke College
Role:: Author
ORCID:: 0000-0001-7636-3615

+ Eben, M More by this author

Role:: Author

Preprint server:: SSRN
Publication date:: 2022-11-01

Language:: English
Keywords:: unilateral conduct

Digital Markets Act

regulation 1/2003

competition law

article 3
Pubs id:: 2298516
Local pid:: pubs:2298516
Deposit date:: 2025-10-07
ARK identifier:: ark:/29072/ora_c14fb6e27f2e4265a75015ecbf5899e6

Terms of use

Copyright holder:: Competition Policy International, Inc.
Copyright date:: 2022
Rights statement:: © Competition Policy International, Inc. 2022

Licence:: Terms and Conditions of Use for Oxford University Research Archive

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