Review article
https://doi.org/10.22598/iele.2024.11.1.12
THE DIGITAL MARKETS ACT: ENSURING MORE CONTESTABILITY AND OPENNESS IN THE EUROPEAN DIGITAL MARKET
Ana Pošćić
orcid.org/0000-0001-7315-0630
; Faculty of Law, University of Rijeka, Inter-University Cetre of Excellence Opatija, Croatia
Abstract
The rise of digitalization has bolstered the dominance of certain enterprises that hold sway over entire ecosystems, creating significant barriers for potential competitors to penetrate. To address these concerns and foster fair competition within the internal market, the European Union has enacted a regulation aimed at ensuring accessibility and fairness in the digital sector, particularly for both business users and end users of core platform services. This regulation diverges from traditional approach by streamlining procedures to tackle potential anti-competitive practices, with specific provisions tailored for platforms identified as gatekeepers. The objective is to supplement existing competition rules and address previously overlooked scenarios, drawing insights from past competition cases and challenges. Special emphasis will be placed on analyzing specific obligations to promote a competitive and equitable digital market. These obligations reflect precedents from familiar cases and are structured on a case-by-case basis to a varying extent. However, clarification will be necessary regarding the black and grey lists to facilitate regulators and undertakings in implementing the regulation effectively.
Keywords
EU competition law; Digital Markets Act; gatekeeper
Hrčak ID:
318733
URI
Publication date:
30.6.2024.
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