Collective Actions and the Digital Markets Act: A Bird Without Wings

87 Pages Posted: 30 Nov 2023

See all articles by Lena Hornkohl

Lena Hornkohl

University of Vienna; Heidelberg University

Alba Ribera Martínez

Charles III University of Madrid; University Villanueva

Date Written: November 19, 2023

Abstract

This paper comprehensively analyses collective actions for DMA violations. The paper first builds on the preliminary objectives for collective actions for DMA violations, including the overall role of private actors in DMA enforcement and the deficits of individual private enforcement. It will assess why the DMA is particularly prone to collective enforcement. Second, the paper assesses the legal landscape of the DMA for collective actions. On the one hand, the paper focuses on collective actions for consumers (in their capacity as end users) under the Representative Actions Directive and its transposal in the EU Member States. On the other hand, the paper will elaborate on other means of collective action, with a focus on collective actions for SMEs and other groups of business users under the DMA, including specific instruments, such as the UCP Directive, the P2B Regulation, or the GDPR, or options based on the effet utile principle, such as the assignment model.

Keywords: Digital Markets Act, Collective action, Representative action, Assignment model, P2B, UCP, Qualified entities, Consumers, End users, Business users, Private enforcement, Direct effect

JEL Classification: K21, K23, K13, K41

Suggested Citation

Hornkohl, Lena and Ribera Martínez, Alba, Collective Actions and the Digital Markets Act: A Bird Without Wings (November 19, 2023). Available at SSRN: https://ssrn.com/abstract=4637661 or http://dx.doi.org/10.2139/ssrn.4637661

Lena Hornkohl

University of Vienna ( email )

Schottenbastei 10-16
Vienna, A-1010
Austria

Heidelberg University ( email )

Grabengasse 1
Heidelberg, 69117
Germany

Alba Ribera Martínez (Contact Author)

Charles III University of Madrid ( email )

HOME PAGE: http://www.albariberamartinez.com

University Villanueva ( email )

Madrid
Spain

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