The DMA's not-so-final view on self-preferencing
Now that the final Digital Markets Act text has been published, we thought that it would be a good time to look at the provisions relating to self-preferencing, following up on the article we wrote on the topic last year.
In relation to self-preferencing, the final text is broadly similar to the draft we saw last year. However, there are some notable additions. In this article, we explain what’s changed and what’s remained and discuss some of the outstanding economic questions. In doing so, we consider what may be the EC’s thinking behind these amendments, how the text could benefit from further specification and the potential challenges for so-called gatekeepers in complying with the DMA. This is because, depending on how they are implemented, the new amendments could make compliance very burdensome (for example, on algorithm transparency and self-preferencing for crawling).
These are all elements that the EC will need to keep in mind as it firms up the legislation before Spring 2023 when the DMA will come into force. The draft proposal on self-preference is in Article 6 of the DMA, which contains those provisions that are subject to further specification.
Read more in our full article.