This book provides an in-depth exploration of the Digital Markets Act (DMA). With an ensemble of contributors who have been involved in major antitrust cases that shaped the legislative text, the book explains the rationale for the DMA, introduces the reader to the digital services falling within its scope, sets out the process for 'gatekeeper' designation, and provides insights into the interpretation issues and enforcement challenges that arise from the obligations it establishes. Analysing the DMA in the broader legal and market context, the chapters examine tensions between the DMA and other (EU and national) rules governing the conduct of online platforms, compare the DMA to similar initiatives undertaken in other jurisdictions, and bring perspectives from other disciplines, such as data protection regulation.

This open access book offers a comparative and inter-disciplinary perspective on the unique competition law challenges presented by the converged digital markets. Following the digitalisation of even the most traditional bricks-and-mortar sectors of the economy, a well-functioning internal market can only be guaranteed by ensuring the competitiveness of the digital markets. What role do intellectual property law and competition law play in this digital world? How can a more economic analysis strengthen innovation policies to achieve a truly competitive digital single market? The book provides a rigorous discussion of the many reasons why the regulatory responses, not just in Europe but in other jurisdictions too, may fall short. It addresses an array of procedural, substantive and other issues that are generating intense debate across the antitrust community. This includes the scope and objectives of digital regulation, whether the application of ex-ante rules would result in fragmentation and inconsistencies, and whether such regulatory regimes are an appropriate tool for substantive assessment. The book explores whether the application of these rules would effectively tackle the competition enforcement challenges seen under the competition laws, whether they can be applied without undermining other rights such as privacy, and whether they are appropriate for this digital age as well as the new digital era ahead of us.

This book sheds new light on the future of e-governance in the European Union (EU). Drawing on the first-hand professional experience of practitioners, policymakers, and institutional stakeholders, combined with a sound academic foundation, it offers insights into successful implementation strategies and new tools necessary for efficient e-governance in the European Union.  The authors present key topics, e.g. the development of e-services such as e-identity, e-health, e-democracy, as well as e-governance tools for the correct implementation of the Digital Single Market. Furthermore, they discuss the legal framework needed for the implementation of these services, such as data protection, digital competition law, as well as EU contracts in digital environments. Finally, the authors highlight efforts to include ethical standards and European values in the decision-making, while developing a vision for the future use of e-governance in the European Union. Understanding the tools and strategies for a successful implementation of e-governance services, as well as the necessary legal framework, will allow professionals such as policymakers and institutional stakeholders, to improve their performance and achieve better results when working on the development of future e-governance services in the European Union.

Constituting a major contribution to literature on the European Union, this comprehensive Companion analyses the structure and value of the EU, capturing the normality of its politics alongside crises and political breakdown. Examining the EU through the lenses of political science, history, law, sociology and international political economy, the Companion provides a holistic outline of the methodological controversies and core theoretical approaches in European studies. Taking a closer look into the governance of and regulation within the EU, chapters consider its range of actors and decision-making processes before exploring the regulation and redistributive policies of the internal market. Forward-thinking, the Companion concludes with a discussion of the EU's strategies in responding to issues of increasingly global significance, including climate change, migration and war. Reflecting on the evolution of politics beyond the nation-state, it predicts a shift in the EU's raison d'être from inward narratives of internal prosperity to outward narratives of increasingly competitive international power.

As digital technologies and models propel data to the centre of economic and social experience, new EU directives, regulations, legislative proposals, and policy strategies attempt to deal with the unprecedented challenges that come in the wake of digital expansion. Yet it remains to be seen whether such initiatives will prove adequate. This important and much-needed book looks at the main regulatory initiatives taken by the EU legislature on digital markets, with a particular focus on features affecting the individual users, mostly consumers.

The EU Digital Services Act (DSA) provides a comprehensive framework regulating the provision of digital intermediary services in the EU internal market. It clarifies the conditions under which service providers can avoid being held liable for their users' illegal content, establishes a set of harmonized duties they must follow, and sets broad safeguards for users' rights. As an extensive article-by-article commentary, this book offers a comprehensive guide to the complex web of the DSA's tightly intertwined provision. On a systemic level, it also contextualizes the DSA by exploring its relationship to other relevant legal instruments, such as those related to consumer protection, data protection, and private international law. Among the topics and issues addressed are the following: Liability and Content Moderation liability of online services which transmit, cache, or store illegal user content; rules on removing, reducing visibility of, or otherwise moderating content which is illegal or breaches terms of service; and acting against user content based on own investigations, governmental orders, or received notices, and rights and redress possibilities given to users.

This Commentary analyses the history, technology, uses, legality, and circumvention of geo-blocking, which affects customers and businesses both inside and outside the EU. Marketa Trimble examines each of the provisions of the 2018 EU Geo-Blocking Regulation, including provisions on non-discriminatory access to online interfaces, goods and services, and means of payment. Key Features: Analyses each article of the 2018 EU Geo-Blocking Regulation in detail Reviews the history of the legislative process of the Regulation in depth Explores the relationship between geo-blocking and other areas of law, particularly copyright law and competition law Outlines the development of the EU Digital Single Market project, which led to the adoption of the Geo-Blocking Regulation Summarises the first review of the Regulation by the European Commission and tracks the implementation and enforcement of the Regulation

This book offers a comprehensive exploration of the European Union's dynamic digital landscape with a specific interest on requirements for digital products to access the European Union Single Market. It delves into the latest regulations shaping the future of technology, from AI and cybersecurity to data privacy and digital markets. Currently, the European regulatory framework is indeed under substantial change with new essential requirements to be met, for example, to ensure robustness against an ever-increasing level of cybersecurity attacks. Furthermore, those requirements are likely to be taken up by other regions or will at least influence related debates, thus leading to global relevance. This book offers expert insights into European digital regulations, featuring real-world examples and case studies to help you navigate the regulatory landscape. It also provides a forward-looking perspective on emerging trends and challenges. Its content is essential for policymakers and regulators, business leaders and entrepreneurs, IT professionals and cybersecurity experts, academics and students, and concerned citizens. Whether readers are seeking to understand the implications of the AI Act, to ensure compliance with the GDPR, or to explore the potential of emerging technologies, this book provides the knowledge and tools readers need to succeed in the digital age. Finally, the authors outline how all stakeholders may engage and contribute to the implementation of the related regulations through development of so-called Harmonised Standards in the related European Standardisation Organisations.

The book shows that the Regulation pursues its objective of ensuring greater equality of competitive conditions on the EU´s Internal Market only by accepting new bureaucracy, establishing the need for complex and extensive assessments and raising considerable legal uncertainties as a result of undefined legal terms and comprehensive Commission discretion. The EU legislators, the Council and the European Parliament, in June 2022 adopted a new regulation that entered into force 12 January 2023: Regulation 2022/2560 on foreign subsidies distorting the internal market. This book analyses the regulation in more detail. To this end, after the brief introduction, its rationale and core contents are first presented. Then, its scope of application is to be explored in more detail, as the Regulation was criticised early on with regard to its compatibility with international law, which has an intense bearing on the substantive and personal scope of application of the Regulation. Subsequently the central regulatory concepts of the Regulation will be presented and then the specific rules for concentrations and public procurement procedures analysed. The conclusion will summarise the findings.  In view of the likely backlash from powerful third countries, there is a risk of new distortions to the detriment of EU companies´ activities in third country markets.

The digital economy is reinvigorating regulatory competition, yet little is known about which rules and jurisdictions can effectively bind companies nor what competitive motivations underlie certain rules. In addition to purely economic motives, legislators are now also driving the pursuit of digital sovereignty and the enforcement of social values in digital spaces. It also remains unclear what regulatory weight the self-regulation of private companies has in multi-level governance systems. This book examines regulatory competition in the three main pillars of digital markets: artificial intelligence, data, and platforms. It brings together legal scholars, economists and information systems experts, providing relevant examples and structured analysis of the aims and outcomes of regulatory competition in the digital economy.

This Research Handbook focuses on the internal market aspects of the European Free Trade Association (EFTA) pillar of the European Economic Area (EEA). Leading academics, judges, and practitioners examine the EEA internal market in a structured and systematic manner. Throughout, they provide an in-depth analysis of the free movement and horizontal aspects of the EFTA pillar of the EEA. Contributing authors in this Research Handbook firstly address the free movement of goods, persons (including workers and social security), services, establishment, capital and payments within the EFTA pillar. Secondly, they dissect the flanking policies that apply, including competition, state aid, banking, insurance, transport, intellectual property, consumer protection, and the environment. Third, the Research Handbook contains a number of critical reflections. Overall, it is a comprehensive examination based on EEA primary law, EEA secondary law, EFTA Surveillance Authority practice, and the EFTA Court's case-law.

This book deals with the interaction of national taxing powers and the body of European Union (EU) law. The book takes a constitutional angle by first tracing the roots of the current division of public power and the exercise of sovereignty by the state throughout history up to the current legal conception that should be taken of sovereignty. This conception is subsequently applied to tax integration in the EU. Herein, several problems are identified in the field of tax law that are hampering the fulfilment of the democratic promise of the European integration project, as enclosed in the Treaties of the Union, namely, the founding of an internal market. A historical analysis of the integration process uncovers how that integration has progressed over time, with specific attention to taxation. To address these difficulties while respecting the distinct features present in the national setting, the analysis sketches a dialogical sphere already present in the Treaties that could resolve this integrative deadlock. It proposes a new integrative path for direct taxation based on fundamental principles connected to tax law and present in both the national and supranational setting, thereby resting on a dual legitimacy.

This book examines the transformative power of the innovation processes set in motion by the European Green Deal and their impact on the EU Single Market.  The book is structured into two parts: Part I examines the European Green Deal's origins, drivers, and structure, highlighting its novel features and the holistic integration of sustainability across all EU policies. It sheds light on the history and evolution of EU environmental policies, tracing their development from the European Economic Community to the ambitious European Green Deal launched in December 2019. This part argues that the European Green Deal was the result of progressive integration of EU environmental objectives into a comprehensive regulatory body that has evolved organically at various institutional levels since the 1970s, and was galvanised by a nexus of scientific, societal, policy and political drivers that converged before December 2019, urging the adoption of a strategic and accelerated response to pressing climate challenges.  Part II offers an original perspective on the EU Single Market from an 'innovation systems' perspective, centred on the quintessential structural element of the Single Market - the industrial ecosystem. Green Deal-related projects in the EU's Horizon 2020 and Horizon Europe innovation programmes triggered significant transformations in the Single Market's knowledge, technology and skills base, paving the way to a "Single Market 2.0".