Private Enforcement and Platform Regulation: Two GAFA-cases – and What They Tell Us About the Digital Markets Act

17 Pages Posted: 10 Jun 2021

See all articles by Rupprecht Podszun

Rupprecht Podszun

Heinrich Heine University Dusseldorf - Faculty of Law; Max Planck Institute for Innovation and Competition

Date Written: June 8, 2021

Abstract

Private enforcement has been underrated as an enforcement pillar in achieving the aims of competition law. While the focus has been on damages cases in the past years, private enforcement also has a role to play for stopping infringements, particularly with injunctions.
In this contribution, I report two fascinating cases from Germany. Both cases involve digital gatekeepers and both were solved by a first instance court. One case concerns a cooperation agreement of Google with the German government. The other case deals with the deactivation of the Amazon account of a business user. Both cases were dealt with very quickly by the Munich I District Court (Landgericht München I).

The analysis of the cases sheds some light on the potential of private enforcement for “taming Big Tech”. It also holds a lesson for the drafting of the Digital Markets Act: Enforcement should not rest with the European Commission alone. Instead, it should be set out clearly how private users can monitor and remedy infringements of obligations from the Digital Markets Act.

Keywords: Competition law, private enforcement, Google, Amazon, litigation, Digital Markets Act

JEL Classification: K20, K21

Suggested Citation

Podszun, Rupprecht, Private Enforcement and Platform Regulation: Two GAFA-cases – and What They Tell Us About the Digital Markets Act (June 8, 2021). Available at SSRN: https://ssrn.com/abstract=3862497 or http://dx.doi.org/10.2139/ssrn.3862497

Rupprecht Podszun (Contact Author)

Heinrich Heine University Dusseldorf - Faculty of Law

Universitätsstr. 1
Düsseldorf, D-40225
Germany

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

HOME PAGE: http://www.ip.mpg.de/de/pub/wissenschaftler/wissenschaftliche_mitarbeiter/rupprecht_podszun.cfm

Do you want regular updates from SSRN on Twitter?

Paper statistics

Downloads
248
Abstract Views
634
rank
170,209
PlumX Metrics