Author Archives: Carla Farinhas

Carla Farinhas

About Carla Farinhas

Carla Farinhas holds a degree in law (Licenciatura) from the University of Lisbon. She also obtained a Master of European Law (LL.M.) from the College of Europe, Bruges. Between 2013 and 2018, Carla served as a law clerk (référendaire) at the Court of Justice of the European Union. Carla is a member of the Portuguese Bar Association. Carla’s research project focuses on the European Commission’s power to order interim measures in competition law proceedings against Big Tech.

DMA: a step forward in ensuring swift intervention in the digital sector but flexibility is key

Carla Farinhas

This blogpost is part of a series of short commentaries on the European Commission’s proposals for a Digital Markets Act and a Digital Services Act, released on 15 December 2020. Stay tuned for more.

Competition law enforcement takes too long

The Commission has heavily fined large technology companies for breach of competition rules in recent years. However, it is common ground that the protection of competition in the digital sector is at risk. There are gaps in the existing rules, but one of the main difficulties is the fast-changing pace of digital markets which is at odds with the time it takes to complete case-by-case full-fledged investigations.

Cases that take years to decide risk being all for naught if the practices harm competition in an irreparable manner while the investigation is ongoing. However, streamlining investigations in the digital sector is not easy. Cases tend to raise new and complex issues and the authorities always need to gather solid evidence to prove that the rules have been breached and follow due process.

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