The Commission's digital services and markets act proposals: First step towards tougher and more directly enforced EU rules?. Issue 5 (October 2021)

• Record Type: Journal Article
• Authors: Van Cleynenbreugel, Pieter
• Is Part Of: Maastricht journal of European and comparative law. Volume 28:Issue 5(2021)
• Page Start: 667
• Page End: 686
• Publication Date: 2021-10
• Subjects: Digital markets -- online platforms -- European Commission -- direct enforcement -- right to a fair trial -- Digital Services Act -- Digital Markets Act; Law -- European Union countries -- Periodicals; Comparative law -- Periodicals; 341.2422
• DOI: 10.1177/1023263X211030434
• Languages: English
• ISSNs: 1023-263X

Abstract

On 15 December 2020, the European Commission presented its long-anticipated Digital Services and Digital Market Acts proposals. If and when adopted, those proposals would put in place a more stringent regulatory framework ensuring coordinated oversight over the online platform services and digital markets. They would also enhance EU coordinated and direct enforcement in the digital economy, by streamlining the organization and sanctioning powers of national administrative bodies and granting the European Commission far-reaching market supervision and enforcement powers. This legal development article analyses both Acts and calls on the EU legislator to pay sufficient attention to ensuring the feasibility of new regulatory obligations and to foreseeing better procedural safeguards accompanying Commission direct enforcement practices.