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Application of Article 102 TFEU to Digital Platforms after the entry into force of the Digital Markets Act

Achilov, Javokhirkhuja Azizovich LU (2026) JAEM01 20261
Department of Law
Faculty of Law
Abstract
The entry into force of the Digital Markets Act (DMA) on 1 November 2022, with its substantive obligations becoming effective on 1 May 2023, has fundamentally reshaped the regulatory landscape for digital platforms in the European Union. This thesis examines the interplay between the traditional ex post enforcement of Article 102 of the Treaty on the Functioning of the European Union (TFEU) and the new ex ante regulatory framework established by the DMA. By analyzing the institutional, procedural, and substantive differences between these two regimes, this work seeks to delineate the scope of each instrument and their complementary application. Drawing on recent enforcement decisions, including Meta's pay-or-consent infringement and... (More)
The entry into force of the Digital Markets Act (DMA) on 1 November 2022, with its substantive obligations becoming effective on 1 May 2023, has fundamentally reshaped the regulatory landscape for digital platforms in the European Union. This thesis examines the interplay between the traditional ex post enforcement of Article 102 of the Treaty on the Functioning of the European Union (TFEU) and the new ex ante regulatory framework established by the DMA. By analyzing the institutional, procedural, and substantive differences between these two regimes, this work seeks to delineate the scope of each instrument and their complementary application. Drawing on recent enforcement decisions, including Meta's pay-or-consent infringement and Apple’s non-compliance findings, this thesis explores how the Commission navigates between competition law and sectoral regulation. The fundamental question addressed is whether the DMA displaces Article 102 enforcement or creates a hybrid enforcement ecosystem where both instruments operate simultaneously. The thesis concludes that while the DMA represents a paradigm shift toward ex ante regulation with presumptive rules and expedited remedies, Article 102 TFEU retains significant analytical depth and context-specific flexibility, with both frameworks applying alongside each other without formal hierarchical subordination, though with emerging tensions regarding double jeopardy and regulatory coordination. (Less)
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author
Achilov, Javokhirkhuja Azizovich LU
supervisor
organization
course
JAEM01 20261
year
type
H1 - Master's Degree (One Year)
subject
keywords
Digital Markets Act, Article 102 TFEU, abuse of dominance, digital gatekeepers, ex ante regulation, ex post enforcement, contestability, fairness, self-preferencing, interoperability
language
English
id
9232134
date added to LUP
2026-06-08 16:03:22
date last changed
2026-06-08 16:03:22
@misc{9232134,
  abstract     = {{The entry into force of the Digital Markets Act (DMA) on 1 November 2022, with its substantive obligations becoming effective on 1 May 2023, has fundamentally reshaped the regulatory landscape for digital platforms in the European Union. This thesis examines the interplay between the traditional ex post enforcement of Article 102 of the Treaty on the Functioning of the European Union (TFEU) and the new ex ante regulatory framework established by the DMA. By analyzing the institutional, procedural, and substantive differences between these two regimes, this work seeks to delineate the scope of each instrument and their complementary application. Drawing on recent enforcement decisions, including Meta's pay-or-consent infringement and Apple’s non-compliance findings, this thesis explores how the Commission navigates between competition law and sectoral regulation. The fundamental question addressed is whether the DMA displaces Article 102 enforcement or creates a hybrid enforcement ecosystem where both instruments operate simultaneously. The thesis concludes that while the DMA represents a paradigm shift toward ex ante regulation with presumptive rules and expedited remedies, Article 102 TFEU retains significant analytical depth and context-specific flexibility, with both frameworks applying alongside each other without formal hierarchical subordination, though with emerging tensions regarding double jeopardy and regulatory coordination.}},
  author       = {{Achilov, Javokhirkhuja Azizovich}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Application of Article 102 TFEU to Digital Platforms after the entry into force of the Digital Markets Act}},
  year         = {{2026}},
}