We are pleased to share a new publication in the Journal of Competition Law & Economics addressing one of the most pressing questions in digital regulation: Is the Digital Markets Act (DMA) fit for the next wave of technological change?
The publication contributes to the ongoing policy debate on the DMA review and offers guidance on how existing regulatory frameworks can remain effective in the face of rapidly evolving AI-driven markets. Specifically, the article, “How Future-Proof is the DMA? A Case Study of AI Agents,” examines whether the DMA—originally designed to tackle established competition issues in digital markets—can effectively address emerging technologies such as agentic AI. These AI systems, characterized by increasing autonomy and decision-making capabilities, have the potential both to challenge existing gatekeepers and to become gatekeepers themselves.
The study analyzes the core building blocks of AI agents, identifies key competition concerns (including risks of foreclosure), and evaluates whether such systems fall within the DMA’s scope as core platform services. It further assesses whether the regulation’s obligations remain meaningful in this new technological context. The central finding is that the DMA is surprisingly future-proof, while targeted clarifications and adjustments could further strengthen its effectiveness and legal certainty.
The paper is the result of an interdisciplinary and international collaboration between Professor Friso Bostoen (Tilburg University, Law) and Professor Jan Krämer (University of Passau, Information Systems), combining legal and economic perspectives on platform regulation.