The EU Digital Markets Act--A New Dawn for Digital Markets?

The European Union (EU) legislators adopted the Digital Markets Act (DMA) with overwhelming majorities While many jurisdictions around the globe have for years talked about the problems in the functioning of digital markets and the need to do something1 -- the EU has now acted. EU antitrust law will continue to apply to digital markets outside the scope of the DMA provisions This is important as the DMA covers only specified types of conduct by a specific class of companies ("gatekeepers") in relation to a defined set of services ("core platform services"). The DMA also foresees the adoption of implementing acts48 and guidelines49 that will set out the EC's approach both in terms of procedure (including on enforcement cooperation between the EC and the EU Member State agencies, which cover more than simply antitrust agencies50) and substance for the implementation and enforcement of the DMA. (L 409) 1. 89 These include a delegated act by which the EC can extend obligations to further core platform services/users and further specify them, etc. (Digital Markets Act, supra note 5, Articles 12 and 49); market investigations and legislative proposals to add new core platform services and obligations (Digital Markets Act, supra note 5, Article 19); and general review (Digital Markets Act, supra note 5, Article 53). [Extracted from the article]