Regulating Fair Market Behaviour In Digital Markets

On 15 December 2020, the European Commission published a proposalfor a Regulation on contestable and fair markets in the digital sector (Digital Markets Act) ("Proposal") establishing criteria for qualifying as "gatekeepers" the providers of the largest online platforms and imposing several new obligations on them.

According to the Proposal, the new Regulation shall apply to core platform services (i.e. online platforms) offered by "gatekeepers" to business users established in the EU or end users established or located in the EU, irrespective of the place of establishment or residence of the gatekeepers and irrespective of the law otherwise applicable to the provision of service.