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Gatekeepers under EU scrutiny: curtailing the freedom to conduct a business in digitalisation?

Engel, Annegret LU (2025) In Transnational Legal Theory
Abstract
The EU’s recent regulatory approach in the digital sphere promises to introduce greater consideration for fundamental rights. However, this does not apply to all fundamental rights and their holders equally. With particular focus on the freedom to conduct a business, this article will be exploring the restrictions imposed on certain undertakings—so-called gatekeepers—operating in the Digital Single Market. For this, evidence will mainly be drawn from the Digital Markets Act (DMA), imposing certain obligations on gatekeepers, as well as the adjacent Digital Services Act (DSA). The article will further provide an evaluation of the proportionality review employed by the courts in digitalisation and whether this is suitable in achieving the... (More)
The EU’s recent regulatory approach in the digital sphere promises to introduce greater consideration for fundamental rights. However, this does not apply to all fundamental rights and their holders equally. With particular focus on the freedom to conduct a business, this article will be exploring the restrictions imposed on certain undertakings—so-called gatekeepers—operating in the Digital Single Market. For this, evidence will mainly be drawn from the Digital Markets Act (DMA), imposing certain obligations on gatekeepers, as well as the adjacent Digital Services Act (DSA). The article will further provide an evaluation of the proportionality review employed by the courts in digitalisation and whether this is suitable in achieving the right balance. A final section will comment on the externalisation of EU laws and values by means of the obligations imposed on gatekeepers under the DMA and DSA regulations. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
epub
subject
keywords
EU law, EU-rätt
in
Transnational Legal Theory
publisher
Taylor & Francis
ISSN
2041-4005
DOI
10.1080/20414005.2025.2482340
language
English
LU publication?
yes
id
74478cc0-acb0-42d3-9465-bb4193c0c409
date added to LUP
2025-07-09 11:52:44
date last changed
2025-08-15 10:35:15
@article{74478cc0-acb0-42d3-9465-bb4193c0c409,
  abstract     = {{The EU’s recent regulatory approach in the digital sphere promises to introduce greater consideration for fundamental rights. However, this does not apply to all fundamental rights and their holders equally. With particular focus on the freedom to conduct a business, this article will be exploring the restrictions imposed on certain undertakings—so-called gatekeepers—operating in the Digital Single Market. For this, evidence will mainly be drawn from the Digital Markets Act (DMA), imposing certain obligations on gatekeepers, as well as the adjacent Digital Services Act (DSA). The article will further provide an evaluation of the proportionality review employed by the courts in digitalisation and whether this is suitable in achieving the right balance. A final section will comment on the externalisation of EU laws and values by means of the obligations imposed on gatekeepers under the DMA and DSA regulations.}},
  author       = {{Engel, Annegret}},
  issn         = {{2041-4005}},
  keywords     = {{EU law; EU-rätt}},
  language     = {{eng}},
  month        = {{03}},
  publisher    = {{Taylor & Francis}},
  series       = {{Transnational Legal Theory}},
  title        = {{Gatekeepers under EU scrutiny: curtailing the freedom to conduct a business in digitalisation?}},
  url          = {{http://dx.doi.org/10.1080/20414005.2025.2482340}},
  doi          = {{10.1080/20414005.2025.2482340}},
  year         = {{2025}},
}