Cleary Gottlieb partner Maurits Dolmans and associates Henry Mostyn and Emmi Kuivalainen authored the paper, “Rigid Justice is Injustice: The EU’s Digital Markets Act should include an express proportionality safeguard” which was published by Social Science Research Network (SSRN).
The article discusses the EU Digital Markets Act and how it can avoid being disproportionate by including an express proportionality safeguard allowing companies to justify their conduct. The authors recommend that the DMA include a clause making clear that the application of the DMA’s behavioral rules “shall be proportionate to the provisions’ stated objectives and without prejudice to the gatekeeper’s ability to protect the legitimate interests of its services, including system integrity, security, user safety, quality, functionality, performance and utility”.
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