The Role of National Authorities in the Digital Markets Act

Abstract

In Europe, the European Commission (the Commission) unveiled in December 2020 the Digital Markets Act (DMA). It aims at ensuring fair and open digital markets by applying an ex-ante asymmetric regulation against large online platforms acting as gatekeepers in core platforms services with a list of 18 interdictions and obligations, and in case of non-compliance, high fine, and potential divestiture. The Commission would be in charge of enforcing the regulation in which the Member States would only have a residual role. However, some Member States, national competition authorities, and scholars call for a greater role of national authorities in enforcing the regulation. When and how should NCAs enforce the DMA? The paper defines the role of national authorities in the DMA to help European policymakers understand when and how NCAs should enforce the DMA. Section II examines when NCAs should apply the DMA. By analyzing their actions from 2010 to 2021 and their staff, it argues that NCAs have the skills and resources and proposes three recommendations on when they should enforce it. Section III explores how NCAs should implement the DMA. By studying the institutional framework proposed by different regulations and experts, it argues that NCAs and the Commission can enforce together the regulation with other national competent authorities and suggests two recommendations on how they should enforce it. Section IV concludes.