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ORCID

Michal Petr – 0000-0001-6495-4530

Keywords

Competition Law, Digital Markets Act, Gatekeepers, Ne bis in idem, Sectoral regulation

Abstract

In recent years, the importance of digital markets has grown rapidly. Any distortions in these markets had to be remedied by competition law, notwithstanding the fact that competition law was found in numerous studies not to be entirely up to this task. Several countries across the globe have adopted specific national legislation regulating these markets. In 2023, the European Union itself brought into effect the Digital Markets Act. The question is, to what extent is competition law, as well as specific regulations of the digital markets, applicable in parallel with the Digital Markets Act? The Court of Justice has recently clarified the rules on parallel proceedings in the bpost judgment; are the Court’s conclusions applicable to the Digital Markets Act as well? It is argued in this article that competition law may, in principle, be applied in line with the Digital Markets Act, but further legislative changes would be necessary in case of other pieces of legislation.

Acknowledgements

Funding

This article was drafted with support of the grant ‘Ne bis in idem in Competition Law’, grant no. IGA_PF_2023_13.

The cost of editing selected articles published in the Yearbook of Antitrust and Regulatory Studies in the 2022–2024 is covered by funding under the program “Development of scientific journals” of the Ministry of Education and Science under agreement No. RCN/SN/0324/2021/1. Task title: “Verification and correction of scientific articles and their abstracts”. Funding value: 36 298,00 PLN; The task consists of professional editing of articles published in English.

Declaration of Conflict of interests

The author declared no potential conflicts of interest with respect to the research, authorship, and publication of this article.

Declaration about the scope of AI utilisation

The author did not use AI tools in the preparation of this article.

First Page

155

Last Page

170

Page Count

16

Received Date

26.23.2024

Accepted Date

27.10.2024

DOI

10.7172/1689-9024.YARS.2024.17.30.6

JEL Code

K21, K42

Publisher

University of Warsaw

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