Questioning the Digital Markets Act’s Legality

Thibault Schrepel & Godefroy de Boiscuillé February 23, 2026

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Abstract

This article questions the legal validity of the Digital Markets Act (“DMA”) in light of its enforcement practice. Adopted on the basis of Article 114 TFEU as an internal market harmonization measure, the DMA is administered by the Commission as a standing regime of unilateral conduct control that operates alongside, and in close normative proximity to, Article 102 TFEU. The resulting functional equivalence between the two instruments raises structural doubts as to the DMA’s compatibility with the constitutional framework of the Treaties.

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