When the EU Digital Markets Act (“DMA”) became applicable in May 2023, the European Commission (“Commission”) promised it would be a game changing set of new rules, “one of the centrepieces of the European digital strategy” ensuring fair and contestable digital markets. Two years on, whilst headlines about digital regulation continue to grab attention, the DMA’s own trajectory is shifting. The Commission’s approach and deliverables are evolving, especially in respect of enforcement. Simultaneously, there are early indications of some decentralization of the DMA via private actions. These developments create potential opportunities for digital players to shape outcomes in Europe which this two-pager explores.
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