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Digital Markets Bill undermines investment, innovation, and rule of law


This week, the IEA and International Center for Law and Economics (ICLE) co-published Digital Overload, a paper highlighting the threat posed to the UK’s tech sector by the Digital Market, Competition and Consumers Bill (DMCC), by the IEA’s Matthew Lesh with the ICLE’s Dick Auer and Lazar Radic.

  • The DMCC gives sweeping powers to the Competition and Markets Authority (CMA) to design bespoke interventions against companies engaging in ill-defined ‘digital activities’.

  • The DMCC’s powers are defined broadly, meaning the CMA will have significant discretion to direct the development of digital markets; this is unlike the European Union’s Digital Markets Act, which, although still far reaching, contains more clearly defined thresholds, requirements and prohibitions.

  • The DMCC empowers the CMA to take crucial decisions at every step of the process — e.g. in designating relevant activities, imposing conduct requirements and pro-competition interventions, investigating breaches, adjudicating wrongdoing and imposing significant fines — without full merits review.

  • It will only be possible to challenge the CMA on process grounds under the judicial review standard, giving it great power.

  • The regime will undermine investment in the UK digital sector, and associated innovation, because of the risk of cumbersome, unclear and ever-changing rules – along with a lack of accountability.

  • New features could be delayed or not introduced for British users as firms seek to minimise the risk of falling afoul of the new regime and incurring hefty fines and stringent remedies. The UK’s position as a ‘science and technology superpower’ will thus be undermined.

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Economic Freedom of the World: 2023 Annual Report

Double whammy… This week, the IEA co-published the Fraser Institute’s annual report on the state of economic freedom around the world. Based on data from 2021, the UK ranked ninth in the overall ranking, up from 16th in last year’s report. But that doesn’t tell the full story…

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