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ARTICLE · 15 MAY 2024

Digital Antitrust Conduct: Too Elusive To Catch?

The ink on the Digital Market Act (DMA) has barely dried, but fast-evolving digital developments already have competition authorities calling for new tools.

NetherlandsAntitrust/Competition Law

The ink on the Digital Market Act (DMA) has barely dried, but fast-evolving digital developments already have competition authorities calling for new tools. Is Big Tech not kept in check by the DMA, the antitrust rules and the EU Merger Regulation after all? Certain digital conduct may prove too elusive to catch using these current tools.

The tweaking of existing tools, the creation of new tools and an overall appeal to Big Tech's corporate responsibility are being considered to remove competition concerns arising from, for instance, vendor lock-in, employee hiring tactics and strategic investments.

More rules and a more creative use of existing tools are therefore likely on the horizon. A steep learning-curve lies ahead for competition authorities, digital companies and their customers.

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