Directores:

Juan Ignacio Ruiz Peris, Carmen Estevan de Quesada


Autores:

Miquel Aznar Company, Marco Botta, Niklas Brueggemann, Jens-Uwe Franck, Niccolò Galli, Carlos Gómez Asensio, María Gómez Santos, Carmen Herrero Suárez, Jiří Kindl, Eugenio Olmedo Peralta, Juan Ignacio Ruiz Peris, Julia Suderow Rodríguez, Richard Whish

The private enforcement of Competition Law constitutes a cornerstone for the effective implementation of this discipline. Its application within digital markets, however, entails a high degree of complexity. This volume examines the subject from a range of contemporary and complementary perspectives. The first part identifies and analyses the key factors necessary to ensure that private enforcement mechanisms operate effectively in the digital economy. Subsequently, the discussion turns to the Digital Markets Act (DMA) private enforcement, exploring the principles of the private enforcement of this new regulatory framework and its relation to the private enforcement of Articles 101 and 102 of the TFEU. In addition, the work presents a comparative analysis of private enforcement across several Member State jurisdictions, thereby offering a panoramic view of the current state of play within the European Union. Finally, the study addresses the perspective of the injured parties, with particular attention to issues arising in actions brought by consumers, app developers, and start-ups, thus highlighting the practical implications of private enforcement in the digital context.


The present book is a collection of papers presented in the IV Valencia International Meeting on Competition Law held within the framework of the following Research Projects: «Concentración, Daños, Abuso y Cooperación en los Mercados Digitales» PID2021-128111OB-I00 by the Ministerio de Ciencia e Innovación and “Competition Power Control”. CIAICO/2021/202 by the Consellería de Educación, Universidades y Empleo de la Generalitat Valenciana.



TABLE OF CONTENTS



- Keys for effective private enforcement of competition law in digital markets in the European Union.
Juan Ignacio Ruiz Peris


- The role of private litigation in the enforcement of the Digital Markets Act.
Richard Whish


- Fundamental principles of private DMA enforcement.
Niklas Brueggeman


- Damages actions against digital gatekeepers for breaches of EU antitrust law and the DMA: a german perspective.
Jens-Uwe Franck


- Damages actions in the digital sector - Czech experiences with the EU level impact.
Jiří Kindl


- Big tech and private antitrust litigation in Italy.
Niccolò Galli; Marco Botta


- The problem of access to justice in digital markets: collective redress solutions.
Carmen Herrero Suárez


- Private enforcement and compensation for the damages caused by app stores in violation of the DMA.
Eugenio Olmedo Peralta


- Unlawful State aids to startups in digital and technological markets.
Carlos Gómez Asensio


- Private antitrust enforcement for consumers and digital platforms. Where is the compensation?.
Julia Suderow


- The application of the Directive (EU) 2020/1828 on representative actions in the context of the Digital Markets Act.
María Gómez Santos


- Competition risks and damage actions in streaming platforms: NFL sunday ticket lawsuit and more.
Miquel Aznar Company