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The Digital Markets Act:

Improving Its Institutional Design

Giorgio Monti

DOI https://doi.org/10.21552/core/2021/2/4

Keywords: Digital Markets Act, DMA, responsive regulation, private enforcement


The Digital Markets Act (DMA) is a major policy initiative to regulate platform gatekeepers in a more systematic manner than under competition law. This paper reflects on the institutional set-up in the Commission proposal. While the DMA is well-designed, this paper recommends improvement in the following aspects: (i) matching the DMA’s objectives with obligations imposed on gatekeepers; (ii) facilitating a regulatory dialogue; (iii) streamlining the enforcement pyramid; (iv) emphasising the role of private enforcement; (iv) clarifying the role of competition law when the DMA applies.
Keywords: Digital Markets Act, DMA, responsive regulation, private enforcement

Giorgio Monti, Professor of Competition Law, Tilburg Law and Economics Center, Tilburg University, The Netherlands. The author contributed to a report by CERRE, 'Making the Digital Markets Act More Resilient and Effective' (2021). For correspondence: <mailto:G.Monti@tilburguniversity.edu>.

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