The dawn of pro-competition data regulation for gatekeepers in the EU

Abstract

ABSTRACT The Paper offers some preliminary and cautious reflections specifically on the data-related obligations for gatekeepers that the 81-page Proposal for a Digital Markets Act tabled by the European Commission in December 2020 would introduce. First, it will be shown that the breadth and depth of the proposed data-related obligations reflect an increasingly sophisticated understanding of the extensive data governance/regulatory “plumbing” necessary to ensure open and fair markets in the digital sector. Second, it is important to underline how the asymmetrical data governance for gatekeepers that the DMA would introduce builds on and enhances important pieces of the EU data acquis. Finally, the extent to which the DMA ties in with the European Commission’s overall data strategy is also worth investigating going forward.