From Competition Law to Platform Regulation – Regulatory Choices for the Digital Markets Act

The digital landscape is characterized by the concentration of power in the hands of a few “gatekeepers.” Europe’s legal answer, the Digital Markets Act (DMA), constitutes a new legal approach. It aims at restricting this power and ensuring “fairness and contestability.” Traditionally, the tools of competition law were used to set the basic rules of how to operate in markets. The shift to a different technique, regulatory law, prompts three questions: First, why is it necessary to deviate from the path set in competition law? Second, what are the differences between the competition law approach and the regulatory approach of the DMA? Third, what are key decisions to be taken within the new regulatory framework? At the outset, the DMA is presented.