The Interoperability Requirements for Digital Gatekeepers

The paper examines the new regulatory framework for digital gatekeepers in the EU, specifically focusing on the interoperability requirements introduced by the Digital Markets Act (DMA). It delves into the definition and designation of digital gatekeepers, highlighting the criteria that classify certain large online companies as gatekeepers due to their significant market impact, user base, and entrenched market positions. The paper’s core analyses the DMA’s provisions regarding interoperability, distinguishing between vertical and horizontal interoperability. Vertical interoperability concerns the integration of different levels of the value chain, such as hardware and software compatibility, while horizontal interoperability focuses on the interoperability of substitutable products and services, like messaging apps. The paper discusses the implications of these requirements for gatekeepers, including the need to ensure user data portability and the provision of technical interfaces for interoperability. The paper reflects on the broader legal and economic implications of the DMA’s interoperability requirements, arguing that while promoting competition and innovation, these also raise questions about the optimal balance between standardisation and diversity in the digital economy.