Why you should think of the DMA as competition law

Introduction

How should we think about the Digital Markets Act (DMA)? It explicitly states that it is not a competition law instrument: Recital 5 states that the “existing Union law does not address, or does not address effectively, the challenges to the effective functioning of the internal market posed by the conduct of gatekeepers that are not necessarily dominant in competition-law terms,” clearly implying that it will fill that gap. [1] Furthermore, the legal basis on which the DMA is bu...