DMA application in practice

The Digital Markets Act (DMA) of the EU introduces substantial new obligations for the so-called Gatekeepers. These obligations differ by gatekeeper and their services and the degree to which they are implemented by the companies is complex. In this research project, we study the publicly available information to empirically assess the implementation by the different Gatekeepers.

One particular focus of our research is on the implementation in Switzerland. Switzerland is nominally not a member of the EU, but is highly integrated into the European market. It is thus likely that whenever implementing a provision is relatively costless for a Gatekeeper, we might expect it to be implemented in Switzerland too despite there being no legal obligation to do so. In turn, when a provision is explicitly not implemented for a non-EU country like Switzerland, it appears likely that it represents a more serious obligation that the Gatekeeper would prefer not to have to adhere to without being forced to.

Project materials:

• Peter Picht, Luka Nenadic, Octavia Barnes, Nicolas Eschenbaum, and Yannick Kuster. DMA (Verw-)Irrungen. Schweizerische Zeitschrift für Wirtschafts- und Finanzmarktrecht. 4/2025.
• Peter Picht, Luka Nenadic, Octavia Barnes, Nicolas Eschenbaum, and Yannick Kuster. Schweizer DMA-Brussels Effect?. sic! : Zeitschrift für Immaterialgüter-, Informations- und Wettbewerbsrecht:3-14, 2025.