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, and recently sparked additional debate with the entry into force of the DMA. The DMA replicates some of the concepts of Article 3 of Regulation 1/2003 to define the situations in which the EU regulation of gatekeepers excludes the application of other EU or national laws. Yet, the matter is far from settled. The test codified in Article 3 is a less-than-perfect solution, which is a result of a political compromise rather than legal-economic theory. This paper submits that the transposition of such a test to the DMA is likely to be met with an equal degree of legal uncertainty and fragmentation. It begins by discussing the conflicts of laws according to the DMA, shows that this solution was at least partially inspired by the test for the resolution of conflicts with Articles 101 and 102 TFEU, and concludes by pointing to the difficulties of transplanting the text of the latter into the former.
By Or Brook & Magali Eben[1]
I. INTRODUCTION
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 ha
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