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Questioning the Digital Markets Act's Legality

Author

Listed:
  • Thibault Schrepel

    (Vrije Universiteit Amsterdam, Netherlands)

  • Godefroy de Boiscuillé

    (Université Côte d'Azur, CNRS, GREDEG, France)

Abstract

This article questions the legal validity of the Digital Markets Act ("DMA") in light of its enforcement practice. Adopted on the basis of Article 114 TFEU as an internal market harmonization measure, the DMA is administered by the Commission as a standing regime of unilateral conduct control that operates alongside, and in close normative proximity to, Article 102 TFEU. The resulting functional equivalence between the two instruments raises structural doubts as to the DMA's compatibility with the constitutional framework of the Treaties.

Suggested Citation

  • Thibault Schrepel & Godefroy de Boiscuillé, 2026. "Questioning the Digital Markets Act's Legality," GREDEG Working Papers 2026-07, Groupe de REcherche en Droit, Economie, Gestion (GREDEG CNRS), Université Côte d'Azur, France.
    • Handle: RePEc:gre:wpaper:2026-07
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    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
    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General
    • L86 - Industrial Organization - - Industry Studies: Services - - - Information and Internet Services; Computer Software

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