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I pray that this, especially the interoperability requirements comes through not only with teeth, but with claws and a ravenous hunger. I believe one of the key

I pray that this, especially the interoperability requirements comes through not only with teeth, but with claws and a ravenous hunger. I believe one of the key things that allow innovation to foster is beating down the rentseekers,i.e. enabling adversarial interoperability https://www.eff.org/fr/deeplinks/2019/10/adversarial-interoperability https://www.eff.org/fr/deeplinks/2019/10/adversarial-interop... and making it easy for individuals to tinker and innovate without needing capital or lawyers to protect themselves. I am severely envious of the californian "right to compete" for these reasons https://www.callahan-law.com/are-non-competes-enforceable-in-california/ https://www.callahan-law.com/are-non-competes-enforceable-in... and a "right to interoperate" will go a long way towards breaking monopology-enabling network effects.

sofixa 5y ago
There are serious fines attached ( up to 10% of global turnover, 20% for repeat offenders) so it will have plenty of teeth.
- lekevicius 5y ago
  GDPR was up to 4%. As far as I know, this was never applied to anyone. I would expect the same here. Fines will likely be somewhat reasonable.
  - xavxav 5y ago
    Well, GDPR fines are ramping up over time, regulators seem to have been easing companies into it rather than starting off with the 10B fines from day 1. I still hope to see some serious fines on FB / Google in the coming years.
  - foepys 5y ago
    The EU handles fines differently than the US. While the US applies harsh singular punishments early on, the EU gives slaps on the wrist at the beginning but will relentlessly punish companies that repeatedly break the law. This can end up costing companies more than 4% because they will be fined over and over again.
- tomp 5y ago
  “up to” isn’t serious “at least” would be serious But that would require for politicians to actually want to do something to benefit the people, not just themselves and their bribers/lobbyists.
Isinlor 5y ago
Digital Markets Act give very broad executive powers to EU Commission to make sure that it will get implemented. Specifically: - article 7: Compliance with obligations for gatekeepers - article 10: Updating obligations for gatekeepers and - article 11: Anti-circumvention Fines are up to 10% of annual global turnover, or daily fines up to 5% of average daily annual global turnover. In more detail: Article 11, Anti-circumvention 1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core platform services designated pursuant to Article 3, their implementation shall not be undermined by any behaviour of the undertaking to which the gatekeeper belongs, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature. 2. Where consent for collecting and processing of personal data is required to ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to either enable business users to directly obtain the required consent to their processing, where required under Regulation (EU) 2016/679 and Directive 2002/58/EC, or to comply with Union data protection and privacy rules and principles in other ways including by providing business users with duly anonymised data where appropriate. The gatekeeper shall not make the obtaining of this consent by the business user more burdensome than for its own services. 3. A gatekeeper shall not degrade the conditions or quality of any of the core platform services provided to business users or end users who avail themselves of the rights or choices laid down in Articles 5 and 6, or make the exercise of those rights or choices unduly difficult.
toyg 5y ago
The stated aim is to reduce the need for complex antitrust cases, so yeah, chances are they will come with significant teeth - in the form of baseline requirements that you either clear or get automatically fined for.

sofixa 5y ago

There are serious fines attached ( up to 10% of global turnover, 20% for repeat offenders) so it will have plenty of teeth.

lekevicius 5y ago
GDPR was up to 4%. As far as I know, this was never applied to anyone. I would expect the same here. Fines will likely be somewhat reasonable.
- xavxav 5y ago
  Well, GDPR fines are ramping up over time, regulators seem to have been easing companies into it rather than starting off with the 10B fines from day 1. I still hope to see some serious fines on FB / Google in the coming years.
- foepys 5y ago
  The EU handles fines differently than the US. While the US applies harsh singular punishments early on, the EU gives slaps on the wrist at the beginning but will relentlessly punish companies that repeatedly break the law. This can end up costing companies more than 4% because they will be fined over and over again.
tomp 5y ago
“up to” isn’t serious “at least” would be serious But that would require for politicians to actually want to do something to benefit the people, not just themselves and their bribers/lobbyists.

Isinlor 5y ago

Digital Markets Act give very broad executive powers to EU Commission to make sure that it will get implemented. Specifically: - article 7: Compliance with obligations for gatekeepers - article 10: Updating obligations for gatekeepers and - article 11: Anti-circumvention Fines are up to 10% of annual global turnover, or daily fines up to 5% of average daily annual global turnover. In more detail: Article 11, Anti-circumvention 1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core platform services designated pursuant to Article 3, their implementation shall not be undermined by any behaviour of the undertaking to which the gatekeeper belongs, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature. 2. Where consent for collecting and processing of personal data is required to ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to either enable business users to directly obtain the required consent to their processing, where required under Regulation (EU) 2016/679 and Directive 2002/58/EC, or to comply with Union data protection and privacy rules and principles in other ways including by providing business users with duly anonymised data where appropriate. The gatekeeper shall not make the obtaining of this consent by the business user more burdensome than for its own services. 3. A gatekeeper shall not degrade the conditions or quality of any of the core platform services provided to business users or end users who avail themselves of the rights or choices laid down in Articles 5 and 6, or make the exercise of those rights or choices unduly difficult.

toyg 5y ago

The stated aim is to reduce the need for complex antitrust cases, so yeah, chances are they will come with significant teeth - in the form of baseline requirements that you either clear or get automatically fined for.