Big tech and the platform economy: ensuring contestability and fairness in digital markets - Examining the Digital Markets Act in relation to Article 102 of the TFEU
(2025) HARN63 20251Department of Business Law
- Abstract
- In recent years, the European Union (EU) has tackled the issue of free and fair competition in digital markets by enacting a regulatory framework within a specific legislation called “The Digital Markets Act” (DMA). This recently adopted regulation lays out rules and obligations binding on digital “gatekeepers”, that is undertakings operating on digital markets that provide “core platform services”, the likes of online search engines, app stores or yet messenger services. In addition, for a digital platform to be deemed a gatekeeper, it must enjoy a certain degree of economic power which involves providing services which a large number of consumers and business users rely on to the extent where they are put in a position of dependency.... (More)
- In recent years, the European Union (EU) has tackled the issue of free and fair competition in digital markets by enacting a regulatory framework within a specific legislation called “The Digital Markets Act” (DMA). This recently adopted regulation lays out rules and obligations binding on digital “gatekeepers”, that is undertakings operating on digital markets that provide “core platform services”, the likes of online search engines, app stores or yet messenger services. In addition, for a digital platform to be deemed a gatekeeper, it must enjoy a certain degree of economic power which involves providing services which a large number of consumers and business users rely on to the extent where they are put in a position of dependency. This characteristic of gatekeepers is well illustrated by the cumulative criteria raised in the DMA which specifies that such platforms must have “significant impact on the internal market”, provide “a core platform service which is an important gateway for business users to reach end users” as well as benefitting from “an entrenched and durable position” in their operations.
This targeted legislative endeavour reflects a need to implement new rules aimed at curbing the power of digital platforms susceptible to abusing their dominant position on the digital markets and creating arbitrary rules. This novel legal arsenal would also serve to improve tools found in traditional EU competition law which is often constrained by its tightly defined conditions and inadequacy to provide timely and effective remedies.
This thesis will thus paint a picture of the gatekeeper regime as articulated in the DMA and contrast it with the traditional apprehension of the misconduct of online platforms through the lens of the notion of abuse of dominant position in EU competition law. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9191483
- author
- Kasak, Arthur-William LU
- supervisor
-
- Johan Axhamn LU
- organization
- course
- HARN63 20251
- year
- 2025
- type
- H1 - Master's Degree (One Year)
- subject
- keywords
- abuse of dominant position, core platform services, digital markets, online platforms, EU competition law, gatekeepers, platform economy
- language
- English
- id
- 9191483
- date added to LUP
- 2025-06-03 12:42:58
- date last changed
- 2025-06-03 12:42:58
@misc{9191483,
abstract = {{In recent years, the European Union (EU) has tackled the issue of free and fair competition in digital markets by enacting a regulatory framework within a specific legislation called “The Digital Markets Act” (DMA). This recently adopted regulation lays out rules and obligations binding on digital “gatekeepers”, that is undertakings operating on digital markets that provide “core platform services”, the likes of online search engines, app stores or yet messenger services. In addition, for a digital platform to be deemed a gatekeeper, it must enjoy a certain degree of economic power which involves providing services which a large number of consumers and business users rely on to the extent where they are put in a position of dependency. This characteristic of gatekeepers is well illustrated by the cumulative criteria raised in the DMA which specifies that such platforms must have “significant impact on the internal market”, provide “a core platform service which is an important gateway for business users to reach end users” as well as benefitting from “an entrenched and durable position” in their operations.
This targeted legislative endeavour reflects a need to implement new rules aimed at curbing the power of digital platforms susceptible to abusing their dominant position on the digital markets and creating arbitrary rules. This novel legal arsenal would also serve to improve tools found in traditional EU competition law which is often constrained by its tightly defined conditions and inadequacy to provide timely and effective remedies.
This thesis will thus paint a picture of the gatekeeper regime as articulated in the DMA and contrast it with the traditional apprehension of the misconduct of online platforms through the lens of the notion of abuse of dominant position in EU competition law.}},
author = {{Kasak, Arthur-William}},
language = {{eng}},
note = {{Student Paper}},
title = {{Big tech and the platform economy: ensuring contestability and fairness in digital markets - Examining the Digital Markets Act in relation to Article 102 of the TFEU}},
year = {{2025}},
}