The Digital Markets Act: What Have We Learned after the First Years of Its Application?

Abstract

The Digital Markets Act (DMA) became applicable in May 2023. It is completely new piece of legislation affecting a sector which has not been subject to any specific regulation before, and it introduced brand new concepts aimed at protecting the digital rights of consumers and business entities alike. What have we learned after the first years of its full application? Has the European Commission’s practice clarified the concepts that were disputed? Did it have any measurable effects on the markets? Has it brought any specific improvement in consumers’ digital rights? This paper re-interprets the DMA in the light of recent case law, evaluates its practical impact so far and tries to predict how its future application might affect the protection of digital rights.