Digital Markets Act:The EU's Institutional Path to Regulate Digital"Gate-keepers"
The inherent anti-competitive nature of digital platforms endows a limited number of super-platforms with a structural advantage to abuse market power,turning them into digital"gatekeepers"between business users and end users.As the institutional path of the EU to regulate digital"gatekeepers",the Digital Markets Act is rooted in the special legal and political culture of Europe,and presents a legal framework across multiple levels:from the mandatory obligation list of"gatekeepers",to the dynamic regulatory logic of the European Commission,and to the scientific collaboration mechanism of multiple institutions.The in-stitutional design of the Digital Markets Act contains plenty of innovative effects,which marks the evolution of EU antitrust enforcement from ex-post to ex-ante regulation,from standard orientation to standard-based orientation with rational rules and from decentralized to centralized law enforcement.However,the ambiguity and uncertainty of the relevant pro-visions will reduce the ability of digital platforms to innovate,slow down the enforcement process,and lead to trade protectionism and regulatory fragmentation,making the Digital Markets Act deviate from the original intention of the EU legislators.
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