Trend AnalysisLaw & Policy

The EU Digital Markets Act: Rewriting Antitrust for the Platform Age

The EU's Digital Markets Act represents a regulatory paradigm shift: from ex post enforcement of competition rules to ex ante obligations on designated 'gatekeepers.' Five papers examine whether this new model can effectively constrain platform powerโ€”and whether it will reshape antitrust globally.

By Sean K.S. Shin
This blog summarizes research trends based on published paper abstracts. Specific numbers or findings may contain inaccuracies. For scholarly rigor, always consult the original papers cited in each post.

Traditional antitrust law operates ex post: a company engages in anticompetitive behavior, a regulator or plaintiff brings a case, and a court or authority determines whether the law was violated. This process takes years. In the meantime, the platform economy moves onโ€”the market tips, competitors exit, and the competitive landscape that the law seeks to protect has already been irreversibly altered by the time the ruling arrives.

The EU's Digital Markets Act, which entered into force on November 1, 2022, became applicable in May 2023, and began full gatekeeper enforcement in March 2024, represents a fundamental departure from this model. Rather than waiting for anticompetitive harm to occur and then prosecuting it, the DMA designates certain large platforms as "gatekeepers" and imposes ex ante obligationsโ€”rules they must follow regardless of whether any specific competitive harm has been demonstrated. The shift from ex post to ex ante is not a minor procedural adjustment. It is a reconceptualization of what platform regulation is for.

The Super-App Challenge

Vezzoso (2024) examines the DMA through the lens of "super-apps"โ€”platforms that bundle multiple services (messaging, payments, e-commerce, transport, social media) into a single application. The DMA aims to ensure contestability and fairness in digital markets, particularly focusing on regulating Big Tech companies. The paper explores the DMA's capacity to address both current and future challenges in digital market contestability and fairness, spotlighting the trend toward platform conglomeration.

Super-apps present a regulatory challenge that the DMA's service-by-service gatekeeper designation may not fully capture. A platform may not be a gatekeeper in any single service market but may achieve gatekeeper power through the combination of servicesโ€”the ability to leverage a dominant position in messaging to promote a payments service, or to use e-commerce data to advantage a logistics service.

The analysis suggests that the DMA's current framework, which designates gatekeepers based on specific "core platform services," may need to evolve to address conglomerate platform strategies that derive market power from service integration rather than service-specific dominance.

Evolutionary Economics and the DMA

Vezzoso (2025) applies an evolutionary economics frameworkโ€”structured around the concepts of variation, selection, and adaptationโ€”to evaluate the DMA. The paper argues that the DMA represents a bold, systemic regulatory shift, motivated by the inadequacy of traditional competition law enforcement in fast-moving digital markets.

Through the evolutionary lens, the DMA can be understood as an institutional attempt to restore the conditions for market variation (entry by new competitors), selection (user choice among alternatives), and adaptation (platform evolution in response to competitive pressure). Gatekeeper obligations like data portability, interoperability, and non-discrimination are designed to re-enable these evolutionary market processes that platform concentration has suppressed.

The framework identifies a key risk: regulatory ossification. If the DMA's specific obligations become rigid rather than adaptiveโ€”if they lock in a particular model of platform competition rather than enabling ongoing competitive evolutionโ€”the regulation may solve yesterday's problem while creating tomorrow's.

Behavioural Economics and Antitrust

Stones (2025) brings behavioural economics into the analysis, examining how EU competition law uses insights from non-rational decision-making to determine whether business conduct is illegal. Various Article 102 TFEU decisions against Microsoft, Google, Amazon, and Apple have reflected behavioral findings about how users make choices in digital markets.

The behavioral perspective is significant because it challenges the rational consumer assumption that underlies traditional antitrust analysis. If users do not switch platforms because of default effects, status quo bias, and switching costs (rather than because the incumbent platform is genuinely superior), then traditional market share analysis overstates competitive health. The DMA implicitly incorporates this insight: its obligations to enable data portability, require interoperability, and prohibit default-setting advantages are designed to counteract behavioral barriers to competition.

Global Ripple Effects

Shoba and Naidu (2025) assess the DMA's impact on global antitrust policies. As digital platforms reshape global markets, traditional antitrust frameworks have grown inadequate for addressing new challenges such as network effects, data advantages, and ecosystem lock-in.

The paper examines how the DMA is influencing antitrust thinking in jurisdictions beyond the EU: Japan's Transparency Act, South Korea's Telecommunications Business Act amendments, India's draft Digital Competition Bill, and the UK's Digital Markets, Competition and Consumers Act. The pattern is clear: the EU's regulatory innovation is being studied, adapted, and in some cases directly copied by jurisdictions that face similar platform dominance challenges.

The "Brussels Effect"โ€”the phenomenon whereby EU regulation becomes a de facto global standard because multinational companies find it more efficient to comply globally than to maintain jurisdiction-specific complianceโ€”is particularly strong for the DMA because the same platforms (Apple, Google, Meta, Amazon, Microsoft, ByteDance) operate in nearly every market.

Free Speech Tensions

Ness (2024) investigates the tension between gatekeeper obligations and free speech under both the DMA and the Digital Services Act (DSA). The duties of "gatekeepers" under the DMA include obligations that affect content distributionโ€”interoperability requirements, non-discrimination in search ranking, and restrictions on self-preferencingโ€”which can have indirect effects on what speech reaches which audiences.

The analysis identifies a structural tension: obligations designed to promote economic contestability (making it easier for competitors to reach users) may conflict with editorial and curatorial discretion that platforms exercise over content. If a platform is required to treat all business users equally in ranking, does this limit its ability to demote content that violates its policies? The DMA's framers argued these are separate issuesโ€”economic obligations do not override content moderationโ€”but the practical interaction between the two is still being worked out.

Claims and Evidence

<
ClaimEvidenceVerdict
Ex ante regulation is more effective than ex post enforcement for digital marketsVezzoso (2025): traditional enforcement too slow for fast-moving marketsโœ… Supported (theoretically; enforcement outcomes still emerging)
The DMA adequately addresses super-app conglomerationVezzoso (2024): service-by-service designation may miss conglomerate platform powerโš ๏ธ Uncertain
Behavioural barriers are significant obstacles to platform competitionStones (2025): default effects, status quo bias, and switching costs documented in EU casesโœ… Supported
The DMA is reshaping global antitrust thinkingShoba & Naidu (2025): legislative influence documented in Japan, Korea, India, UKโœ… Supported
DMA obligations can be reconciled with free speech protectionsNess (2024): structural tension identified; practical resolution remains unclearโš ๏ธ Uncertain

Open Questions

  • Will DMA enforcement produce measurable increases in platform competition? The first gatekeeper decisions are being implemented in 2024-2025. Will we see new entrants, increased user switching, and genuine market contestabilityโ€”or creative compliance that preserves the status quo?
  • Can the DMA adapt to technologies it did not anticipate? The DMA was designed with current platform models in mind. How will it address AI foundation models, decentralized autonomous organizations, or platform models that do not yet exist?
  • Will smaller platforms become gatekeepers as they grow? The DMA's threshold criteria (market capitalization, user numbers, business user numbers) may need to be adjusted as digital markets evolve and new platforms reach gatekeeper scale.
  • How should the DMA interact with AI regulation? The DMA and the AI Act address overlapping concerns (platform power, algorithmic decision-making, data access) through different regulatory instruments. Is coordination adequate?
  • Implications

    The DMA represents a genuine regulatory innovation: the recognition that platform markets require structural regulation, not merely competition enforcement. Whether this innovation succeeds depends on implementationโ€”specifically, on whether the European Commission can enforce gatekeeper obligations against the world's most well-resourced and legally sophisticated corporations.

    The global significance of the DMA extends beyond its direct effects. If ex ante platform regulation proves effective in the EU, it will provide a model for jurisdictions worldwide. If it failsโ€”through creative compliance, regulatory capture, or economic side effectsโ€”it will weaken the case for structural platform regulation globally.

    References (5)

    [1] Vezzoso, S. (2024). 'Super-apps' and the Digital Markets Act. Journal of Antitrust Enforcement, 12(3), jnae023.
    [2] Shoba, R. & Naidu, S. (2025). Navigating the Regulatory Landscape: Assessing the Impact of the EU's Digital Markets Act on Global Antitrust Policies. International Journal for Research, 7(4), 52501.
    [3] Vezzoso, S. (2025). A Variation-Selection-Adaptation Framework for the Digital Markets Act. ORDO, 76, 2042.
    [4] Stones, R. (2025). Behavioural Economics in EU Competition Law: Article 102 TFEU, the Digital Markets Act, and Informed Assumptions of Irrationality. Journal of Antitrust Enforcement, jnaf019.
    [5] Ness, S. (2024). The Balance Between Gatekeeper Rules and Free Speech in the EU under the DMA and DSA. Journal of Media Law & Policy, 2289.

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