Цифровое право (Mar 2025)
Digital Markets Act: A hindrance to innovation and business development
Abstract
The Digital Markets Act (DMA) is a significant regulatory effort of the European Union aimed at curbing the power of large tech companies and promoting fair competition in digital space. Despite its noble goals, there are growing worries about the negative impact it could have on innovation and entrepreneurship. This paper aims to determine the specifics of how the DMA could inadvertently impede innovation and discourage entrepreneurship. Through an analysis of the DMA’s provisions, such as interoperability mandates and restrictions on self-preferencing, it is apparent that these stringent regulations could create significant barriers to entry for startups and discourage investment in emerging digital ventures. Additionally, the increased regulatory oversight mandated by the DMA could suppress willingness to take the risks necessary for entrepreneurial achievement, ultimately hindering the development of revolutionary advances. By thoroughly analyzing economic principles, real-world data, and relevant examples, this study clarifies the intricate relationship between regulation, innovation, and business in the digital realm. Furthermore, it suggests different regulatory strategies that aim to find a finer equilibrium between encouraging competition and fostering innovation, while highlighting the importance of customized structures that recognize the unique characteristics of digital markets. By shedding light on the possible compromises involved in the DMA, this research can be beneficial to policymakers and interested parties in order to facilitate scientific debates and regulatory choices regarding digital markets.
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