How to Apply the Self-Preferencing Prohibition in the DMA

Martin Peitz

CRC TR 224 Discussion Paper Series from University of Bonn and University of Mannheim, Germany

Abstract: Platforms in dual mode are concerned about the well-functioning of the ecosystem they manage. A regulator imposing a certain behaviour on platforms, which may amount to picking a particular market design, runs the risk of not acting in the best interest of consumers, especially in the long term, which is the ultimate goal of market contestability. When applying Art 6(5) DMA, the European Commission must make a judgement on the meaning and scope of self-preferencing; and has a discretionary power as to which possible/potential violations of the prohibition it will examine at all. This paper provides some guidance on how to determine which practices would fall under Art 6(5) DMA.

Keywords: self-preferencing; contestability; fairness; Digital Markets Act (search for similar items in EconPapers)
JEL-codes: K21 K23 (search for similar items in EconPapers)
Pages: 10
Date: 2023-05
New Economics Papers: this item is included in nep-com, nep-pay and nep-reg
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Citations: View citations in EconPapers (1)

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