The UK’s digital market regulation: the need for a proportionality principle in the CMA’s new framework
Article
Marinova, M. 2024. The UK’s digital market regulation: the need for a proportionality principle in the CMA’s new framework. Journal of European Competition Law & Practice. p. In Press. https://doi.org/10.1093/jeclap/lpae062
Authors | Marinova, M. |
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Abstract | The application of the principle of proportionality in competition law enforcement is of utmost importance. However, there are concerns regarding its effective implementation under the DMCC Bill, primarily due to the restricted extent of judicial review. The lack of a comprehensive evaluation of the merits in the DMCC Bill could impede the meticulous assessment of proportionality in CMA decisions, potentially resulting in the adoption of measures that are not commensurate with their goals. This raises concerns about the possibility of implementing disproportionate measures. There is a pressing requirement for the CMA to provide more comprehensive instructions on how to apply the proportionality principle, specifically in terms of incorporating efficiency considerations, to guarantee the efficient implementation of the principle. |
Journal | Journal of European Competition Law & Practice |
Journal citation | p. In Press |
ISSN | 2041-7764 |
Year | 2024 |
Publisher | Oxford University Press |
Accepted author manuscript | License File Access Level Anyone |
Digital Object Identifier (DOI) | https://doi.org/10.1093/jeclap/lpae062 |
Publication dates | |
Online | 04 Oct 2024 |
Publication process dates | |
Accepted | 10 Sep 2024 |
Deposited | 13 Nov 2024 |
Copyright holder | © 2024 The Authors |
Additional information | This is a pre-copyedited, author-produced version of an article accepted for publication in Journal of European Competition Law & Practice, following peer review. The version of record Miroslava Marinova, The UK’s digital market regulation: the need for a proportionality principle in the CMA’s new framework, Journal of European Competition Law & Practice, 2024;, lpae062, is available online at: https://doi.org/10.1093/jeclap/lpae062 |
https://repository.uel.ac.uk/item/8y793
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