Introduction and Synopsis

• DOI: http://doi.org/10.1177/0003603X221126127
• Published date: 01 December 2022
• Date: 01 December 2022
• Subject Matter: Introduction

https://doi.org/10.1177/0003603X221126127

The Antitrust Bulletin

2022, Vol. 67(4) 499 –503

© The Author(s) 2022

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DOI: 10.1177/0003603X221126127

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Introduction

Introduction and Synopsis

Ioannis Kokkoris* and Claudia Lemus**

Considering the emerging consensus that traditional antitrust enforcement tools may not be fully suc-

cessful in addressing concerns raised by the development of the digital economy, key stakeholders

across the world are making great efforts to address the issue. In particular, the legislative initiatives of

the European Union (EU) have been prominent in this area. The United States has belatedly shown

signs that there are concerns about concentrated economic power in digital markets and antitrust is

being portrayed as an effective means to address the adverse consequences on competition. In China,

regulators have recently expanded their remit on competition enforcement in digital markets. The

strengthening of regulatory actions against digital platforms has also echoed across the globe, including

in jurisdictions such as Australia and Brazil. Yet, even if all these efforts are remarkable, it is still yet

unclear whether the variety of the proposed interventions would tackle the competition enforcement

challenges posed by digital platforms and whether there is disparity of enforcement approaches that

creates its own challenges for the companies involved in the digital sector.

In the EU, after months of stakeholder consultations and internal debate, in December 2020 the

European Commission (EC) presented the Digital Markets Act (DMA), which is aimed to control a

range of anticompetitive conducts of large online platforms (LoPs) and to ensure the expansion of

European platforms in fair and contestable markets. In other words, the DMA is intended to create a

level playing field on which European tech firms can compete against America’s tech giants. Recently,

on July 18, 2022, the DMA was approved by the Council of the EU and is expected to inspire regulatory

intervention in other jurisdictions. Hence, the DMA constitutes an ex ante regulatory regime that places

the EC as the digital regulator and includes an exhaustive list of rigid obligations and prohibitions that

need to be observed by designated gatekeepers. A company is presumed to be a gatekeeper if it meets

the qualitative and quantitative criteria set out in the provision.

According to Margrethe Vestager, the Commissioner for Competition, without these rules “others

will not get room to grow.”1 Perhaps, but it may also happen that firms would feel discouraged to

expand to the point where they may be subject to the DMA. Paradoxically, an instrument that has been

created with the intention of spurring growth and innovation could lead to having an adverse impact on

*Professor of Competition Law and Economics, Centre for Commercial Law Studies, Queen Mary University of London,

London, UK

**Enforcement Manager, UK Office of Gas and Electricity Markets, London, UK

Corresponding Author:

Claudia Lemus, Enforcement Manager, UK Office of Gas and Electricity Markets, 10 South Colonnade, Canary Wharf,

London E14 4PU, UK.

Email: cplemus123@gmail.com

1126127ABXXXX10.1177/0003603X221126127The Antitrust BulletinKokkoris and Lemus

research-article2022

1. Will the Digital Markets Act help Europe breed digital giants? Econ., Mar. 26, 2022, https://www.economist.com/

business/2022/03/26/will-the-digital-markets-act-help-europe-breed-digital-giants.