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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License
Article
Vertical Interoperability and the Digital Markets Act: A Critical Analysis
Author(s)
XUEQianqiang
YidingMeng
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DOI:10.17265/1548-6605/2024.06.001
Affiliation(s)
Minzu University of China, Beijing, China
University College London, London, United Kingdom
ABSTRACT
The European Commission has
identified the lack of interoperability as a major barrier to a successful
digital economy. Additionally, EU policymakers have recognized that digital
markets evolve too quickly for regulation to be effective if it relies solely
on ex-post measures. This has led to a shift towards adopting ex-ante measures
for more proactive regulation, exemplified by the Digital Markets Act (DMA).
This essay supports the need for vertical interoperability in digital markets,
arguing that concerns about potential drawbacks—such as efficiency losses,
privacy risks, and reduced incentives for gatekeepers to innovate—are
exaggerated. It explores how the DMA promotes vertical interoperability from
both theoretical and practical viewpoints. While acknowledging the strengths of
the DMA’s provisions, the essay contends that its impact is limited by narrow
drafting on a theoretical level. On a practical level, the effectiveness is
further constrained by the excessive discretionary power granted to gatekeepers
and the unreasonable fee structures.
KEYWORDS
interoperability, DMA,digital market, competition rules
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