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How to Apply the Self-Preferencing Prohibition in the DMA

Author

Listed:
  • Martin Peitz

Abstract

Platforms in dual mode are concerned about the well-functioning of the ecosystem they manage. A regulator imposing a certain behaviour on platforms, which may amount to picking a particular market design, runs the risk of not acting in the best interest of consumers, especially in the long term, which is the ultimate goal of market contestability. When applying Art 6(5) DMA, the European Commission must make a judgement on the meaning and scope of self-preferencing; and has a discretionary power as to which possible/potential violations of the prohibition it will examine at all. This paper provides some guidance on how to determine which practices would fall under Art 6(5) DMA.

Suggested Citation

  • Martin Peitz, 2023. "How to Apply the Self-Preferencing Prohibition in the DMA," CRC TR 224 Discussion Paper Series crctr224_2023_422, University of Bonn and University of Mannheim, Germany.
  • Handle: RePEc:bon:boncrc:crctr224_2023_422
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    File URL: https://www.crctr224.de/research/discussion-papers/archive/dp422
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    Cited by:

    1. Massimo Motta & Martin Peitz, 2023. "Denial of Interoperability and Future First-Party Entry," CRC TR 224 Discussion Paper Series crctr224_2023_447, University of Bonn and University of Mannheim, Germany.

    More about this item

    Keywords

    self-preferencing; contestability; fairness; Digital Markets Act;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law

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