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Private enforcement and gatekeeper regulation: Strengthening the rights of private parties in the Digital Markets Act

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Private enforcement has been underrated as an enforcement pillar in achieving the aims of competition law. Recent cases show that private litigation in courts can contribute greatly in matters concerning the digital economy - not as follow-on-claims for damages but for quickly prohibiting unlawful behaviour. The findings are interesting for discussions on the enforcment of the Digital Markets Act (DMA): It is argued that enforcement of the DMA should not rest with the European Commission alone. The DMA should state clearly how private parties can enforce obligations of companies designated as gatekeepers. A particular problem arises with Article 6 DMA-draft obligations. To avoid problems, a special DMA complaints panel could supplement or replace traditional courts for private complaints.