The Digital Markets Act and the Transformation of EU Competition Law: From Ex Post Enforcement to Ex Ante Regulation

Abstract

This thesis examines the limitations of Article 102 TFEU in regulating digital platform markets. It argues that structural features like network effects, data concentration, and market tipping reduce the effectiveness of ex post enforcement. The study analyses the Digital Markets Act as an ex ante regulatory response based on gatekeeper control. It evaluates the relationship between the DMA and Article 102 TFEU as a dual enforcement system. It concludes that EU competition law is evolving into a hybrid model combining preventive regulation and traditional competition enforcement.