ARTICLE: EUROPEAN UNION - REGULATORY - COMPETITION POLICY - DIGITAL MARKETS - REFORM

The European Digital Markets Act proposal: How to improve a regulatory revolution

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 summarises 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.

I. Introduction 1. Over the last years, authorities across the world have adopted or commissioned reports on the competition issues raised in the digital economy, in order to explore how to handle the increasing economic, innovation and informational power of Big Tech firms. [1] They are now beginning to unveil their plans for action. On 15 December 2020, the European Commission tabled a legislative proposal for a Digital Markets Act (DMA), the goal of which is to increase the contestability and fairness of the EU digital economy. [2] The same day, the Commission also introduced the Digital Services Act (DSA) proposal, with the aim of ensuring that Europe is a safe, predictable and trusted online environment where fundamental rights are protected. [3] Those proposals are now in the

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Alexandre de Streel, Pierre Larouche, The European Digital Markets Act proposal: How to improve a regulatory revolution, May 2021, Concurrences N° 2-2021, Art. N° 100432, pp. 46-63

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