“The Principle of ne bis in idem in the Digital Economy EU Competition Law vs. the DMA?”, by Bernadette Zelger and Ina Kapusta

1. Setting the scene

The digital economy has expanded ever since the invention of the Internet and its becoming accessible to the public in the 1990s. It has brought changes in many ways and been a breeding ground not only for new technologies, but also business models, online markets as well as the rise of the so-called Big Tech companies (GAFAM/GAMAM, since Facebook was named Meta). Moreover, their business models combined with the characteristics of online markets and particularly (also) platform markets (i.e., for example, economies of scale, network and lock-in effects, etc.) have become quite a challenge for competition policy makers around the world. The answer of the European Commission has been fierce competition law enfo