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The Effective Use of Economics in the EU Digital Markets Act§§

Author

Listed:
  • Amelia Fletcher
  • Jacques Crémer
  • Paul Heidhues
  • Gene Kimmelman
  • Giorgio Monti
  • Rupprecht Podszun
  • Monika Schnitzer
  • Fiona Scott Morton
  • Alexandre de Streel

Abstract

Economic thinking and analysis lie at the heart of the objectives and the design of the EU Digital Markets Act (DMA). However, the design of the DMA reflects a very deliberate—and reasonable—intention to ensure clarity, speed, administrability, and enforceability. In doing so, this pro-competitive regulation omits several elements of standard competition law where economics has typically played a key role. Nonetheless, we believe that economic insights and analysis—including behavioural economic thinking—will continue to play an important role in enabling the DMA to achieve its ambitious and laudable goals, albeit in a somewhat different way.

Suggested Citation

  • Amelia Fletcher & Jacques Crémer & Paul Heidhues & Gene Kimmelman & Giorgio Monti & Rupprecht Podszun & Monika Schnitzer & Fiona Scott Morton & Alexandre de Streel, 2024. "The Effective Use of Economics in the EU Digital Markets Act§§," Journal of Competition Law and Economics, Oxford University Press, vol. 20(1-2), pages 1-19.
    • Handle: RePEc:oup:jcomle:v:20:y:2024:i:1-2:p:1-19.
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    File URL: http://hdl.handle.net/10.1093/joclec/nhad018
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    More about this item

    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
    • L41 - Industrial Organization - - Antitrust Issues and Policies - - - Monopolization; Horizontal Anticompetitive Practices
    • L51 - Industrial Organization - - Regulation and Industrial Policy - - - Economics of Regulation
    • L86 - Industrial Organization - - Industry Studies: Services - - - Information and Internet Services; Computer Software

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