HomeInsightsBody of European Regulators for Electronic Communications (BEREC) publishes Opinion on EU Commission’s Digital Markets Act and a draft report on the ex ante regulation of digital gatekeepers

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BEREC says 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. According to BEREC, ex ante regulation is “the relevant way to do it”.

In its Opinion, BEREC puts forward key proposals for regulation and enforcement of the Digital Markets Act:

  • create a framework to build knowledge and detailed understanding of the business models and technicalities of the sector(s);
  • ensure constant regulatory dialogue and interaction with all types of relevant stakeholders;
  • include, together with directly-applicable obligations, remedies tailored on a case-by-case basis for highly-technical, detailed and more intrusive measures;
  • set up a dispute resolution mechanism to minimise negative effects on competition and innovation;
  • avoid overlaps with existing regulatory frameworks on issues regarding number-independent interpersonal communication services; and
  • establish an Advisory Board of National Independent Authorities to support the EU competent authority in the effective enforcement of the regulation.

A draft report on the ex ante regulation of digital gatekeepers elaborates BEREC’s current proposals in further detail. The report is open to public consultation until 4 May 2021 to gather stakeholders’ inputs. BEREC encourages all types of stakeholders, including civil society, consumers and citizens, to provide their views on the BEREC’s proposals. To read BEREC’s press release in full and to access the consultation, click here.