The recent investigation launched by the Italian Competition Authority (AGCM) into an alleged cartel among producers of automated packaging machines is a timely illustration of an emerging trend in competition law enforcement. By placing labour market restrictions at the centre of its analysis, the AGCM joins a broader movement – both at EU and national level, but also beyond – that focuses on collusion among employers as a direct infringement of competition rules. Beyond public enforcement, such practices also foster closer attention to the potential use of private remedies as a means for affected workers to obtain compensation for the harm caused by collusion at the employer level.
Private Enforcement of the EU Digital Markets Act: The way ahead after going live
As of 2 May 2023, the DMA provisions started to be applied as an innovative ex-ante regulation targeting ‘gatekeepers’ in the digital market. Provided that private enforcement plays a central role in the effective application of the DMA, this article provides significant insights in this regard. In the absence of a harmonization act like the EU Antitrust Damages Directive, key principles rooted in EU law and CJEU case law, together with rules progressively proposed under national law for the protection of individual rights of platform users, represent the current state of DMA private enforcement, paving the way for the future.