The Digital Markets Act: How Does it Compare with Competition Law?
8 Pages Posted: 20 Jun 2022 Last revised: 19 Jul 2022
Date Written: June 14, 2022
Abstract
In October 2022, the European Union will introduce an ex ante regulatory system to control the conduct of companies that will be known as “digital gatekeepers”. This will take the form of an EU Regulation and will be called the “Digital Markets Act” (DMA). The system is heavily inspired by competition law, yet the EU legislator insists that it is not just another set of competition rules but rather a system of regulatory intervention that is complementary to competition law. This short paper includes some general and preliminary observations on the nature of the DMA and on where the DMA is different from and where it is similar with competition law. In that sense, the paper mainly concentrates on Article 102 TFEU, since the DMA – to a great extent – has been inspired by Article 102 TFEU cases and investigations.
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