Digital markets have seen rapid expansion during the past two decades. A few large undertakings have established their positions as dominant players in digital markets globally, creating serious challenges for competition law enforcement in ensuring efficient and effective market regulation. Existing enforcement measures proved to be outdated or too slow when attempting to regulate the conduct of the Big Tech.
As a result, the European Commission ("Commission") has made efforts to rethink and redefine the regulatory framework for digital markets. An example of these efforts is the Digital Markets Act, formally the Regulation (EU) 2022/1925 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act)1 ("DMA"). The DMA aims to contribute to the proper functioning of the internal market by ensuring contestability and fairness for the markets in the digital sector, and fairness for users of core platform services provided by the Big Tech acting as so called “gatekeepers”.