A Paradigm Shift in the Regulation of Digital Platforms? - Ex-Ante Market Rules for Contestable and Fair Digital Markets

Sammanfattning: This thesis poses structural and behavioural competition problems in digital markets in terms of core platforms services provided by the gatekeepers under the proposed Digital Markets Act by the European Commission, where such problems are the most evident. This thesis analyses whether existing competition and more sector-specific legal tools are functional to address these problems. Traditional legal tools cannot capture entire competition problems in digital markets at the highest level, even if they adapt themselves in accordance with the current developments due to dynamic and unique features of digital markets and non-functionality of ex post interventions in most cases. Therefore, the proposed Digital Markets Act would be a better option as an ex ante market regulation for digital markets. It aims fair and contestable digital markets by ensuring that the digital markets provide benefits to all the stakeholders as they would in competitive market structures. This thesis analyses the proposed Digital Markets Act in terms of defitinions, obligations, fines and criticism that it has brought. Ex ante market regulations would be the most effective way to address competition problems in digital markets, however, there are controversial issues to be considered as well. This thesis addresses these controversial issues related to in particular the proposed Digital Markets Act and analyse whether it is adequate to ensure fair and contestable digital markets by considering potential improvements for its journey during the legislation process.