Efficiency considerations in DMA procedures

Abstract The regulatory approach of the Digital Markets Act (DMA) involves per se rules that partly constitute an efficiency offence. Therefore, individual circumstances, including efficiencies, are most often not considered. However, the DMA partially permits and sometimes might even require the Commission to consider efficiencies at certain stages, specifically when determining enforcement priorities, during the regulatory dialogue, when designing remedies, and in certain forms such as structural efficiencies. Concurrently, several limitations apply, rooted in efficiency offences, a broad margin of appreciation in the event of complex economic assessments, and a lesser standard of review if remedies are formed within a cooperative regulatory dialogue.