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16.05.2024 | 🇧🇪 Belgian competition authority
The Belgian Competition Authority (BCA) has been granted powers to contribute to the application of the Digital Market Act (DMA) following the entry into force of a statute in March 2024. The DMA imposes obligations on 'gatekeepers' of Core Platform Services (CPS), including large online platforms like Google, Amazon, Apple, Meta, Microsoft, and Booking.
Under the DMA, gatekeepers must adhere to rules ensuring fair competition, such as not favoring their own services over third-party services, allowing user interaction with third-party services, and obtaining consent for targeted advertising. Gatekeepers must also ensure interoperability with competing services.
The European Commission designates gatekeepers, qualifies CPS, and monitors DMA compliance. National competition authorities like the BCA can assist by receiving complaints and investigating non-compliance. The BCA's Prosecutor General can open investigations into DMA violations and communicate findings to the European Commission.
New provisions in the Belgian Code of Economic Law empower the BCA's Prosecutor General to request market investigations for non-compliance cases. Effective cooperation between the BCA and the European Commission is ensured, including information exchange and mutual assistance in investigations and decision implementation.
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