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The Rule of Law at Risk: The Dark Side of the Digital Markets Act

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  • Garnier Maya-Salomé

    (Aix-Marseille University, Centre de Droit Économique, 3 avenue Robert Schuman, 13100, Aix-en-Provence, France)

Abstract

The Digital Markets Act is a new European Regulation which entered into force on October 2022. It will apply to “gatekeepers”, namely undertakings providing core platform services, with the aim of fostering “fairness” and “contestability” in the digital sector. If these objectives appear at first sight both relevant and legitimate, this paper sheds light on the dark side of this Regulation by arguing that it will undermine the Rule of Law. Indeed, for several reasons which will be discussed, the Digital Markets Act will impede or limit the respect of principles which are deeply rooted in the legal tradition of European countries. This leads to an important question: is the cure worse than the disease?

Suggested Citation

  • Garnier Maya-Salomé, 2023. "The Rule of Law at Risk: The Dark Side of the Digital Markets Act," ORDO. Jahrbuch für die Ordnung von Wirtschaft und Gesellschaft, De Gruyter, vol. 72(1), pages 302-316, December.
    • Handle: RePEc:bpj:ordojb:v:72-73:y:2023:i:1:p:302-316:n:1
    DOI: 10.1515/ordo-2023-2016
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    Keywords

    Digital Markets Act; Rule of Law; Friedrich A. von Hayek; Bruno Leoni; Efficiency; Digital Platforms; Gatekeepers; Proportionality; Arbitrariness; Legal Security; Separation of Powers; A12; B11; B13; B25; B53; K21; K40; L40;
    All these keywords.

    JEL classification:

    • A12 - General Economics and Teaching - - General Economics - - - Relation of Economics to Other Disciplines
    • B11 - Schools of Economic Thought and Methodology - - History of Economic Thought through 1925 - - - Preclassical (Ancient, Medieval, Mercantilist, Physiocratic)
    • B13 - Schools of Economic Thought and Methodology - - History of Economic Thought through 1925 - - - Neoclassical through 1925 (Austrian, Marshallian, Walrasian, Wicksellian)
    • B25 - Schools of Economic Thought and Methodology - - History of Economic Thought since 1925 - - - Historical; Institutional; Evolutionary; Austrian; Stockholm School
    • B53 - Schools of Economic Thought and Methodology - - Current Heterodox Approaches - - - Austrian
    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General

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