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The Digital Markets Working Group (DM WG) is putting efforts in fostering independent, consistent and high-quality regulation of electronic communications services and digital markets. A relevant part of work contributes to supporting fairer, more open and contestable digital markets by providing advice and applying experience to the set-up of the current and future regulation of digital platforms. In all aspects, the DM WG of the Body of European Regulators for Electronic Communications (BEREC) is operating to promote sustainable and open digital markets for the benefit of Europe and its citizens.
Working Group Co-chairs
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Arcep, France |
ANACOM, Portugal |
Work in 2024
In 2024, the DM WG will work on related topics, based on the BEREC Work Programme 2024.
BEREC Report on the entry of large content and application providers into the markets for electronic communications networks and services (carry-over)
Large Content Application Providers (CAP) are present across a very significant number of Internet ecosystem elements (including those closely related to Electronic Communications Networks (ECN)/Electronic Communications Services (ECS)) and can often leverage their position among different services and products, by partnering with ECN and ECS providers, but also directly competing with them.
Building on the conclusions of the BEREC Report on the Internet Ecosystem (BoR (22) 16737), the current report will aim to provide an overview of the presence/entry of large CAPs in(to) the markets for ECN and ECS. In particular, the report will identify the elements in which large CAPs have been increasingly investing and their strategies for moving upwards along the value chain. It will also depict the dynamics of competition and/or of cooperation between ECN/ECS providers and large CAPs, and present both new services and new business models and strategies implemented by these actors. The report will provide insights on how the current electronic communications regulatory framework (in particular the EECC and the Open Internet Regulation) applies to such actors and services.
BEREC internal workshop on the implementation of the Digital Services Act
By 17 February 2024, the Member States have to designate the national Digital Services Coordinators, and several BEREC members have already been, or are likely to be designated in the near future. In this context, it is timely and relevant for BEREC to organise an internal workshop to exchange the practical implementation of the Digital Services Act, in order to contribute to ensuring a consistent approach across the European Union.
BEREC contribution to the implementation of the Data Act
In the draft Data Act, independent national competent authorities with experience in ECS are considered to be well-placed to ensure the application and enforcement of specific provisions. Several BEREC members may be designated as the national competent authority responsible for the application and enforcement of (some chapters of) the Data Act and BEREC’s insights could also be valuable for the preparation of the implementing and delegated acts that the European Commission (EC) is required to adopt under this regulation.
BEREC’s contribution would be particularly relevant, for instance, in relation to switching between data processing services (such as cloud and edge services), the monitoring of switching charges, interoperability, or complaints handling, Internet of Things and more generally concerning the impact of such services and the Data Act obligations on the telecommunications sector. The contribution could take different forms (opinions, workshops, knowledge-building, exchange of best practices, report, etc.) and will be adapted to the legislative timing and process.
BEREC contribution to the implementation of the Digital Markets Act
BEREC’s contribution to the implementation of the Digital Markets Act (DMA) may take different forms, e.g. bilateral exchanges with the EC, opinion on the interoperability reference offers under Article 7 of the DMA, contribution to the High-Level Group (HLG) meetings and the HLG subgroups.
Moreover, BEREC will keep monitoring and analysing developments in the digital markets and the impact and effects of the practices implemented by large online platforms. Special attention will be paid to those practices which may not be addressed/covered by the current legislations/legislative initiatives.
Why is this important?
In recent years, digital platforms have increasingly become key actors in the European economy, by supporting social interaction and citizen participation. They have brought important benefits in terms of innovation, end user choice and a wide range of efficiencies by reducing transaction, search and distribution costs for end-users and businesses. However, given some economic specificities (such as networks effects and economies of scale and scope) and the fact that they provide an ecosystem of services and products, large digital platforms have the possibility and may have the incentive to use their market power and engage in unfair practices, that can undermine contestability and negatively impact businesses and end users.
To tackle the aforementioned issues, the EC initiated the regulation of digital markets and services. On 1 November 2022, the DMA entered into force. BEREC has actively contributed to the discussions of the DMA and aims to continue its work on the digital platforms.