Charting the course of DMA’s private enforcement: unveiling the forum shopping challenge

Abstract

ABSTRACT The Digital Markets Act (DMA) seeks to oversee major digital platforms – “gatekeepers,” and their core platform services, aiming to break down barriers to competition enforcement within digital realm. Despite the DMA's absence of explicit mention of private enforcement, its spirit is clearly embedded within the framework. Several EU Member States have actively encouraged private enforcement of the DMA within their legislative processes. Considering the individual initiatives by the EU Member States, this paper addresses a concern: how to secure uniformity and consistency in the private enforcement of the DMA across the EU? This challenge is exacerbated by the looming threat of forum shopping, wherein plaintiffs strategically select jurisdictions to gain perceived advantages. As a solution, this paper advocates for the adoption of harmonization measures that strike a delicate balance between legal diversity and ensuring diligent oversight within the framework of private enforcement under the DMA.