News

Press Release – Position paper on the European Commission’s public consultation on the proposed rules for gatekeepers 

08/09/2020

The ECLF has today submitted a response to the European Commission’s consultation on the Digital Services Act package, and in particular on the proposed rules for gatekeepers (the ‘Gatekeeper Rules’).

 

The ECLF agrees with the Commission that existing antitrust enforcement can be too slow-moving and a change in approach may be needed to remedy this, but queries whether the introduction of the Gatekeeper Rules is the right way to resolve these concerns: in particular, the ECLF considers the “blacklist” to be a blunt instrument which could have undesirable effects on innovation and long-term economic growth. The ECLF encourages the Commission instead to make more effective use of its existing tools to address its concerns.  
 
Should the Commission nonetheless proceed with the introduction of the Gatekeeper Rules, the ECLF’s response offers guidance to ensure that any new legislation respects key fundamental rights including the rights of defence, the rule of law, and legal certainty, by building in certain procedural safeguards. The ECLF also makes a number of specific recommendations on the identification of “gatekeeper” platforms and the proposed content of the rules.

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The full submission is available here: a response to the European Commission’s consultation on the Digital Services Act package, and in particular on the proposed rules for gatekeepers (the ‘Gatekeeper Rules’)