To quote this resource: A. EBNELHAJ, “The problem of implementing the Digital Markets Act”, Competition Forum –Resources, 2022, n° 0008,

Abstract: The Digital Markets Act, proposed on December 15, 2020, was presented as a solution to many problems that competition law itself could not resolve. In order to deal with the dreaded “gatekeepers”, the EC has granted itself important prerogatives, under the guise of preserving fairness and contestability in digital markets. But does the end justify the means? In reality, the DMA seems to leave more questions unanswered than solved, making its implementation an uncertain task. This report deals with the “problem of the implementation of the DMA” or, one should say “problems” because there are, unfortunately, several of them, both from a legal point of view (infringement of fundamental principles) and from an economic point of view (limitation of competitiveness and brake on innovation). Therefore, this report will discuss the difficulties linked to the implementation of such regulation, from a substantial and procedural point of view.


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