Designating large platforms under the DMA and the DSA: Comparing apples and oranges? 

Author: Konstantina Bania
Published: 05.09.2022
The Digital Markets Act (“DMA”) and the Digital Services Act (“DSA”) will soon start to apply. Broadly speaking, both instruments have the same objective, which is to address concerns arising from the increasing reliance on online platforms. However, despite being presented as parts of the same “package”, the DSA and the DMA do not have many similarities because they target different problems. The DMA imposes obligations to protect businesses and consumers against unfair platform practices. The DSA imposes obligations for a “safe, predictable and trusted online environment” through a framework for conditional liability exemptions and rules on due diligence obligations. In other words, the…