The Digital Markets Act (DMA) proposed by the European Commission should be explicitly targeted at gatekeepers that operate an ecosystem. Practices that serve to extend economic power into other areas, in particular through self-preferencing, should be prohibited.
At a glance
The Digital Markets Act (DMA) proposed by the European Commission aims to supplement EU competition law with an upstream regulatory instrument for digital markets.
- The scope of the legislation should be effectively limited by means of an ‘ecosystem’ criterion in Article 3 of the DMA.
- The behavioural obligations regarding data portability and interoperability should be consistently applied to the core functions of central platform services.
- Self-preferencing in the form of default settings for central platform services within an ecosystem should be prohibited under Article 5 of the DMA.
