| Abstract [eng] |
The master's thesis analyzes the EU's efforts to ensure the internal market's integrity in digital markets, with a particular focus on the role of DMA. The research focuses on analyzing the implementation of Article 38(7) of the SRA in Member States, assessing the potential of this provision to fragment the internal market. The first part of the thesis examines the specific characteristics of digital markets and the disproportionate economic power of large platforms, based on economies of scale, network effects, service multiplicity, vertical integration, and data use. It discusses how these factors have led to structural market failures that traditional competition law is no longer able to address adequately, and justifies the need for the ex ante regulatory model provided by the DMA to protect the integrity of the EU internal market. The second part analyzes how Member States implement Article 38(7) of the DMA, highlighting significant quantitative and qualitative differences between national legislative decisions. It discusses the change in the model for ensuring the implementation of the DMA during the legislative process, from a centralized to a quasi-centralized model, strengthening the role of NCAs and seeking to balance the effectiveness of decision-making with institutional independence. The third part analyzes the implementation of Article 38(7) of the DMA in all Member States and assesses the example of Article 19 a of the GWB, which, although it seeks to supplement the objectives of the DMA, is not fully in line with the principles of the DMA. The results of the study show that the uneven implementation of the DMA and parallel national regulatory initiatives pose a risk to the integrity of the digital single market. The results of the study show that the uneven implementation of the DMA and parallel national regulatory initiatives pose a risk to the integrity of the digital single market. The conclusions of the study emphasize the need to ensure consistent application of the DMA and to strengthen interinstitutional cooperation in order to maintain effective, integrated, and consistent regulation of digital markets in the EU. |
