| Abstract [eng] |
This work provides analysis regarding the impact of the rapidly changing digital economy and the influence of large platforms on competition within the European Union. Traditional European Union competition law is no longer capable of responding swiftly to dynamic market changes due to lengthy investigations and a lack of flexibility, which created the need to revise existing regulations. This led to the adoption of the Digital Markets Act, marking the introduction of an ex ante regulatory model in digital market competition law. This signifies the emergence of a new regulatory mechanism that also exerts a global impact. The Digital Markets Act establishes the criteria for designating ‘gatekeepers’ and the obligations applicable to them. In this context, obligations aimed at ensuring market contestability, such as requirements for service interoperability and the transparent use of personal data, are of huge importance. Simultaneously, prohibitions against self-preferencing are entrenched to create favourable conditions for other market participants. The first part of this thesis investigates the rationale behind the adoption of the Digital Markets Act, assessing the limitations of traditional competition law (Articles 101 and 102 TFEU) and defining the Act's position within the EU legal framework. The second part analyses the legal and practical challenges related to the identification of gatekeepers, the interpretation of obligations, and the interaction between the European Commission and national authorities in order to prevent jurisdictional conflicts. The third part evaluates the opportunities the Digital Markets Act presents for the contestability of European digital markets and the promotion of innovation, as well as its practical significance for end-user welfare and business development. |
