#11666. The European Digital Markets Act: A Revolution Grounded on Traditions

August 2026publication date
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Abstract:
The last three years have seen a legislative acceleration in tech regulation in Europe and in December 2020, the European Commission tabled a very significant Digital Markets Act (DMA) proposal to increase market contestability and fairness in the digital economy. This paper aims to decipher those policy choices, and show that they are often in line with EU regulatory tradition. First, the proposed DMA is a lost child of competition law and sits in a difficult epistemological position. Second, the proposed DMA aims to support sustaining innovation by the users of Core Platform Services, innovation by frontal competitors wanting to displace the existing gatekeepers with existing digital services and disruptive innovation by newcomers wanting to displace gatekeepers with new digital services. Third, it is also appropriate to favour behavioural remedies over structural remedies in the proposed DMA. Four, the proposed DMA relies on rigid rules which are easier to administrate than flexible standards. This choice is understandable since the DMA will have to be enforced against the largest firms worldwide. And finally, the proposal is pathbreaking in providing for centralised enforcement at EU level.
Keywords:
Regulation, digital platforms, Digital Markets Act, antitrust

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