Opinion  |  05/03/2023

Position Statement on the Implementation of the Digital Markets Act (DMA)

The DMA entered into force on 1 November 2022 and applies from 2 May 2023. It aims to ensuring contestable and fair markets in the digital sector across the EU where gatekeepers are present. In its position statement of 2 May 2023, the Institute acknowledges that uniform rules for core platform services throughout the EU and a centralised enforcement are necessary to prevent internal market fragmentation and welcomes the first Commission Implementing Regulation for the DMA of 14 April 2023. However, it remains concerned by the DMA’s unique institutional design and its interaction with other laws as outlined under Articles 1(5), 1(6) and 1(7).

Symbolic image: Digital Markets, photo: geralt/Pixabay

In particular, the Institute raises awareness about possible overly broad blocking effects of the DMA on national rules, which may have the unintended consequences of privileging gatekeepers by jeopardizing future national legislative initiatives. This ultimately obstructs the achievement of contestability and fairness in digital markets. A complementary application of the competition rules and an effective enforcement of the DMA is, against this backdrop, crucial. Yet there is uncertainty over administrative enforcement mechanisms, and it is unclear what role private enforcement plays in the current legal design of the DMA. The position statement identifies and examines challenges in the implementation of the DMA, along with recommendations for meeting them.

Position Statement of the Max Planck Institute for Innovation and Competition of 2 May 2023 on the Implementation of the Digital Markets Act (DMA)

Digital Markets Act (DMA)

Commission Implementing Regulation for the DMA of 14 April 2023