The effective use of economics in the EU Digital Markets Act

Amelia Fletcher, Jacques Crémer, Paul Heidhues, Gene Kimmelman, Giorgio Monti, Rupprecht Podszun, Monika Schnitzer, Fiona Scott Morton, Alexandre de Streel

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Abstract

Economic thinking and analysis lie at the heart of the objectives and the design of the EU Digital Markets Act (DMA). However, the design of the DMA reflects a very deliberate—and reasonable—intention to ensure clarity, speed, administrability, and enforceability. In doing so, this pro-competitive regulation omits several elements of standard competition law where economics has typically played a key role. Nonetheless, we believe that economic insights and analysis—including behavioural economic thinking—will continue to play an important role in enabling the DMA to achieve its ambitious and laudable goals, albeit in a somewhat different way.
Original languageEnglish
Pages (from-to)1-19
Number of pages19
JournalJournal of Competition Law and Economics
Volume20
Issue number1-2
Early online date9 Jan 2024
DOIs
Publication statusPublished - Jun 2024

Keywords

  • Computer Software
  • Horizontal Anticompetitive Practices
  • JEL: K21 Antitrust Law
  • K23 Regulated Industries and Administrative Law
  • L41 Monopolization
  • L51 Economics of Regulation
  • L86 Information and Internet Services

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