You mean, how could the EU create legislation that wouldn’t raise concerns? I think that not specializing legislation to an area where the EU doesn’t have domestic players might be a good start. Is self-preference some sort of problem unique to companies that deal in B2C software products, or does it also apply to companies in other areas, like Airbus? Could the EU have simply written legislation that is generic to many companies and also affects Europe-originating companies? Probably, yes.
EU digital market regulations make use of fines linear in global turnover. This produces fines that are disadvantageous to companies with a global presence, and make it very risky for an existing foreign large company to enter a market. The incentives to act poorly and harm caused is not linear in global turnover, but to turnover in a given market. Yes, I get that BEPS creates certain challenges in assigning such fines, but I think that it is pretty inarguable that one can get a more-reasonable number than global turnover.
You mean, how could the EU create legislation that wouldn’t raise concerns? I think that not specializing legislation to an area where the EU doesn’t have domestic players might be a good start. Is self-preference some sort of problem unique to companies that deal in B2C software products, or does it also apply to companies in other areas, like Airbus? Could the EU have simply written legislation that is generic to many companies and also affects Europe-originating companies? Probably, yes.
EU digital market regulations make use of fines linear in global turnover. This produces fines that are disadvantageous to companies with a global presence, and make it very risky for an existing foreign large company to enter a market. The incentives to act poorly and harm caused is not linear in global turnover, but to turnover in a given market. Yes, I get that BEPS creates certain challenges in assigning such fines, but I think that it is pretty inarguable that one can get a more-reasonable number than global turnover.