DIGITAL MARKETS ACT – A NEW PARADIGM OF EUROPEAN COMPETITION LAW. DOCTRINAL PERSPECTIVES AND IMPLICATIONS FOR ROMANIA

Abstract

The adoption of Regulation (EU) 2022/1925 on digital markets, commonly known as the Digital Markets Act (DMA), marks a turning point in the development of European competition law. Faced with the challenges posed by the digital economy and the rise of global technology giants, traditional ex post competition law has proven insufficient to ensure the maintenance of effective competition. The DMA introduces an ex ante regulatory mechanism applicable to “gatekeepers” – digital platforms that hold a structurally dominant position and can distort competition before the occurrence of an actual abuse. This article analyzes the theoretical foundations of this new paradigm, the normative content of the DMA, and its implications for the Romanian legal order, addressing the relationship between regulation and competition, as well as the institutional challenges arising from its practical implementation.