Gatekeepers under EU scrutiny: curtailing the freedom to conduct a business in digitalisation?

The EU’s recent regulatory approach in the digital sphere promises to introduce greater consideration for fundamental rights. However, this does not apply to all fundamental rights and their holders equally. With particular focus on the freedom to conduct a business, this article will be exploring the restrictions imposed on certain undertakings—so-called gatekeepers—operating in the Digital Single Market. For this, evidence will mainly be drawn from the Digital Markets Act (DMA), imposing certain obligations on gatekeepers, as well as the adjacent Digital Services Act (DSA). The article will further provide an evaluation of the proportionality review employed by the courts in digitalisation and whether this is suitable in achieving the right balance. A final section will comment on the externalisation of EU laws and values by means of the obligations imposed on gatekeepers under the DMA and DSA regulations.