A Europe fit for the digital age: The Digital Markets Act between sectoral regulation and competition lawClick here to read the full article online
On July 5, 2022 the European Parliament adopted the Digital Markets Act (’DMA’), a sector-specific regulation providing a legal frame for the behavior of Big Tech in the digital market. The nature of the DMA, however, is not as clear-cut as it might appear at first glance. The regulation takes over obligations derived from competition law, while at the same time requiring autonomous enforcement tools to remedy the inadequacy of competition law in the digital sector. In this article, it is argued that the DMA nevertheless does not constitute sector-specific competition law, but can be considered as a full-fledged sectoral regulation of the digital market. This point of view is elaborated by analyzing the legislative genesis of the regulation and the obligations imposed on the firms concerned.