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This article focuses on the interactions between the Digital Markets Act (DMA) and the laws and competition frameworks of Member States. Specifically, the article sets out three different interpretations on the text of articles 1 (5) and (6) of the DMA, which govern interactions between the DMA and national law and competition policy. The article identifies a narrow, broader, and broadest interpretation of the legal interests protected under the DMA. Each interpretation creates different harmonization effects. The article argues that the narrow and broader interpretations allow for significant divergence between national rules, creating the risk of regulatory fragmentation. The broadest interpretation would allow competition authorities and courts to weigh the interests protected in the DMA against national interests and create greater convergence of laws and competition policy in the Digital Single Market. The article also proposes ways forward for the implementation and enforcement of the DMA and national competition laws. [ABSTRACT FROM AUTHOR]

The article discusses the relevance between consumer and antitrust law in Europe. Authors highlight the positive and negative effects of commercial law in businesses and in the economy. It overviews the implementation of antitrust and commercial law as primary tools of determining consumer failures and explores how behavioral economics may facilitate identifying consumer failures and create efficient remedies for consumer protection. Lastly, it also examine the role of behavioral economics (BE) plays in controlling consumer failures within antitrust and consumer law.

The article offers updates on commercial policy in Bulgaria. It states that the Law on the Protection of Competition (LPC), which aims to harmonise the domestic regulatory framework with Council Nos. 1/2003 and 139/2004, has taken into effect on December 2, 2008. Moreover, the Commission on Protection of Competition (CPC) has been granted by the LPC with investigative powers, impose interim measure and approve and/or impose commitments. Furthermore, the Methodology for Determination of Sanctions approved under the LPC aims to provide the rules for the determination of pecuniary sanctions, fines and periodic penalty payments.