Gatecrashing gatekeepers: evaluating the enforcement of the digital markets act against major digital gatekeepers and regulatory effectiveness

Abstract

The Digital Markets Act 2022 represents a fundamental shift in European competition regulation, aiming to pre-emptively address the dominance of major digital gatekeepers. This thesis critically examines the effectiveness of the DMA in mitigating anti-competitive practices, its interplay with Article 102 TFEU, and its broader implications for regulatory governance in the digital era. While traditional competition law has relied upon reactive enforcement mechanisms, the DMA introduces an ex-ante framework designed to prevent the entrenchment of market power before competitive harm materialises. The study will analyse the designation of gatekeepers, key obligations under the DMA, and the enforcement mechanisms deployed to ensure compliance. By assessing early enforcement actions and corporate response, this research highlights both the successes and shortcomings of the DMA’s implementation. Whilst the regulation has compelled digital platforms to adjust business practices, continued concerns regarding compliance loopholes, regulatory agility, and potential unintended consequences for innovation remain relevant. The thesis further explores the challenges of harmonising DMA enforcement with existing competition laws and navigating the legal ambiguities arising from gatekeeper designation and obligations. Beyond the European context, the study shall further conclude with remarks on digital regulatory convergence on the global scale and how international coordination is necessary to counteract digital gatekeepers’ cross-border influence, a matter particularly relevant to the borderless nature of the digital economy. Recommendations include enhancing institutional capacity, refining enforcement protocols, and fostering stakeholder engagement to ensure the DMA remains a robust, adaptive, and effective tool in regulating digital markets. By situating the DMA within the broader evolution of competition policy, this research argues that whilst the regulation is a significant advancement, ongoing refinement and dynamic enforcement mechanisms are essential to achieving the goal of fair and contestable digital ecosystems.