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

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