The Digital Markets Act (cepInput)
The Commission is to release the Digital Markets Act, a legislative proposal aimed at ensuring competition in digital markets. In light of two public consultations and a speech by Executive Vice-President Margrethe Vestager, a cepInput examines the Commission’s plans.
The Commission should strive to ensure that the Digital Markets Act only applies to undertakings whose market power is very unlikely to be contestable and that could leverage its market power into adjacent markets in such a way that a serious risk of hindering competition in those adjacent markets arises. To avoid legal uncertainty, the Commission needs to define properly the circumstances worth the application of the Digital Markets Act. The Act’s interference with fundamental rights – freedom to conduct a business, right to property – must be limited to what is proportionate.