Template-Type: ReDIF-Paper 1.0
Title: How to Apply the Self-Preferencing Prohibition in the DMA
Author-Name: Martin Peitz
Author-Email: martin.peitz@gmail.com
Classification-JEL: K21, K23
Keywords: self-preferencing, contestability, fairness, Digital Markets Act

Abstract: Platforms in dual mode are concerned about the well-functioning of the ecosystem they
manage. A regulator imposing a certain behaviour on platforms, which may amount to
picking a particular market design, runs the risk of not acting in the best interest of
consumers, especially in the long term, which is the ultimate goal of market contestability.
When applying Art 6(5) DMA, the European Commission must make a judgement on the
meaning and scope of self-preferencing; and has a discretionary power as to which
possible/potential violations of the prohibition it will examine at all. This paper provides
some guidance on how to determine which practices would fall under Art 6(5) DMA.


Note: 
Length: 10
Creation-Date: 2023-05
Revision-Date: 
File-URL: https://www.crctr224.de/research/discussion-papers/archive/dp422
File-Format: application/pdf
Handle: RePEc:bon:boncrc:CRCTR224_2023_422