At the end of 2020 both the EU and UK published ground-breaking proposals which threaten to revolutionise the governance of digital platforms. The EU published the draft Digital Markets Act which will seek to establish an ex ante framework to govern “Gatekeeper” digital platforms. The UK Government confirmed that it will establish a new Digital Markets Unit and introduce a new enforceable code of conduct governing digital platforms designated as having “Strategic Market Status”.

These measures, once adopted, combined with strong enforcement and fining powers, promise to create a new supervisory regime governing “Big Tech” complementing and building on existing competition law enforcement tools. The tide is certainly turning and we can expect a bumpy road before the final measures are adopted. We will be watching the developments closely.

The full article can be accessed here.

Originally published on twobirds.com in January 2021.