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Dirk Auer headshot

Director of Competition Policy

Dirk Auer manages ICLE’s work on competition and antitrust issues in the United States, the United Kingdom, Europe, and abroad. Dirk joined ICLE as a Senior Fellow in October 2018 and was promoted to his current position in January 2022.

Antitrust
Innovation

Antitrust Data Regulation Data Security DMA EU Innovation Intermediary Liability International Antitrust International Trade Internet Governance Media Regulation

TL;DR

The Digital Markets Act

Background…

The European Union has unveiled draft legislation that seeks to tame so-called “gatekeeper” Big Tech firms. If passed into law, this Digital Markets Act (“DMA”) would create a list of “dos and don’ts” by which the platforms must abide, such as allowing interoperability with third parties and sharing data with rivals. In short, the DMA would give the European Commission significant powers to tell tech companies how to run their businesses.

But…

The DMA essentially shifts competition enforcement against gatekeeper platforms away from an “effects” analysis that weighs costs and benefits to a “blacklist” approach that proscribes all listed practices as harmful. This will constrain platforms’ ability to experiment with new products and make changes to existing ones, limiting their ability to innovate and compete.

Read the full explainer here.