No. 103: An Analysis of Article 6(5) DMA as the Core of Self-Preferencing in Digital Markets

Abstract

One of the areas in which the most obvious effects of our increasingly digitalized world are encountered is undoubtedly competition law. This digitalization perspective has started to be observed through international digital market regulations and in an increasing number of regulations issued by national competition authorities. The greatest effects of these developments, which are set to render traditional approaches obsolete, are mostly seen through business users and end users. This is mainly due to the efforts of online platform providers generating themselves more prominently in this digital world. In other words, their desire to provide less visibility to their competitors has had more negative impacts than positive ones on the said stakeholders, which has now become a situation protected within the European Union by the Digital Markets Act, specifically under Article 6(5). When discussing the effects of the efforts of the companies – often referred to as Big Tech – to prioritize their own online platform services as one of the latest trends of this digital world, it is also significant to address a series of obligations imposed by the Act on the key players – commonly known as GAFAM – generating these impacts and the compliance measures they are gradually beginning to adopt. In this study, an analysis of how self-preferencing behaviors, which have long been observed in competition law for many years, have evolved into the main domain of digital markets, their reflections in the real world, and the regulations aimed at gatekeepers playing the lead role in this context will be conducted.

Details

Author(s):
  • Beril Akyüz
Publish Date:
January 14, 2025
Publication Title:
European Union [EU] Law Working Papers
Publisher:
Stanford Law School
Format:
Working Paper
Citation(s):
  • Beril Akyüz, An Analysis of Article 6(5) DMA as the Core of Self-Preferencing in Digital Markets, EU Law Working Papers No. 103, Stanford-Vienna Transatlantic Technology Law Forum (2025).
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