The Digital Markets Act (DMA) represents a significant regulatory intervention by the European Union to address the growing influence of online platforms and ensure fair competition in the digital economy. Despite its ambitious goals, the regulation faces criticism for the legal uncertainty of some of its provisions, particularly regarding key concepts such as “fairness” and the designation criteria for gatekeepers under Article 3. The lack of clear legal standards, coupled with the Commission’s broad discretion, raises concerns about proportionality, consistency, and risks of arbitrary enforcement. Furthermore, the regulation opens possibilities for private enforcement, but systemic uncertainties and fragmented application across Member States may lead to forum shopping and undermine the uniformity of the internal market. Clarification by the Court of Justice would be useful to address ambiguities and safeguard the DMA’s effectiveness in fostering competition and innovation.
The Digital Markets Act (DMA): a legal institutional overview, i
Ilaria Ottaviano
2025-01-01
Abstract
The Digital Markets Act (DMA) represents a significant regulatory intervention by the European Union to address the growing influence of online platforms and ensure fair competition in the digital economy. Despite its ambitious goals, the regulation faces criticism for the legal uncertainty of some of its provisions, particularly regarding key concepts such as “fairness” and the designation criteria for gatekeepers under Article 3. The lack of clear legal standards, coupled with the Commission’s broad discretion, raises concerns about proportionality, consistency, and risks of arbitrary enforcement. Furthermore, the regulation opens possibilities for private enforcement, but systemic uncertainties and fragmented application across Member States may lead to forum shopping and undermine the uniformity of the internal market. Clarification by the Court of Justice would be useful to address ambiguities and safeguard the DMA’s effectiveness in fostering competition and innovation.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
