The DMA’s Magic Words and Missing Off Switch
The European Union’s Digital Markets Act (DMA) depends on two terms that lawmakers never defined. “Fairness” and “contestability” determine how the European Commission measures gatekeeper compliance, imposes new obligations, and grades its own performance every three years. The law uses both terms liberally but explains neither.
Recital 79 even promises that the Commission will apply a “predefined standard” to identify unfair practices and practices that limit contestability. Anyone searching the DMA for that standard will come away empty-handed.
In a…
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