The European Digital Markets Act Proposal: How to Improve a Regulatory Revolution

Abstract

The paper analyses the recent European Commission Proposal for a Digital Markets Act which will regulate the digital gatekeepers in order to increase market contestability and fairness in the European digital economy. First, the paper summarizes the main elements of the Commission proposal: objectives, scope, criteria to designate gatekeepers, obligations imposed on gatekeepers as well as institutional design and enforcement mechanisms. Then, for each of those elements, the paper suggests improvements to the Commission proposal, in order to make the Digital Markets Act more flexible and adaptable to the rapid pace of change of digital markets and to straighten out issues of institutional coordination and enforcement effectiveness.

Keywords: Digital Platforms, EU Regulation, Antitrust, Gatekeepers