The Complementary Nature of the Digital Markets Act and Articles 101 and 102 TFEU

This brief policy paper highlights three issues related to the complementary nature of the Digital Markets Act and the EU antitrust rules. These include (i) practical considerations on the choice of enforcement tool on the part of the European Commission and national competition authorities, (ii) substantive considerations related to the complementarity between national rules for digital platforms and the DMA, and (iii) legal considerations concerning the ne bis in idem principle whenever parallel proceedings under the DMA and the antitrust rules arise. This contribution was prepared for my remarks made at the meeting of the DMA working group established by the European Parliament’s Committee on Internal Market and Consumer Protection (IMCO) on 24 May 2023