Fairness as Equity, Honesty, and Justice: An Exercise in a Multilingual Analysis of the DMA

Abstract Like any other piece of EU legislation, the Digital Markets Act (DMA) is a multilingual legal instrument. However, its interpretation is often confined to the English-language discourse of competition law. This paper argues that this monolingual focus contradicts the Court of Justice of the European Union (CJEU)’s fundamental principle of the equal authenticity of language versions, which states that no single language version should be relied upon in isolation. A key concept in the DMA’s regulatory framework is ‘fairness’, a notion that remains semantically elusive. Through a comparative linguistic analysis of nine of the official language versions of the DMA, this study reveals significant variability in how ‘fairness’ is translated. It suggests that these lexical choices reflect not only stylistic differences, but also distinct normative shifts towards notions of equity, honesty, or justice. Ultimately, this paper addresses a gap in the existing literature by providing a systematic, multilingual investigation. It posits that the autonomous and uniform application of the DMA requires a teleological interpretation that embraces linguistic diversity.

Authors

Publication Details

Journal
Journal of Competition Law & Economics
Published
2026-10-19
DOI
https://doi.org/10.1093/joclec/nhag029
Primary Topic
Diverse Legal and Medical Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Fairness as Equity, Honesty, and Justice: An Exercise in a Multilingual Analysis of the DMA

Pavlína Hubková
Journal of Competition Law & Economics
Diverse Legal and Medical Studies
article

Fairness as Equity, Honesty, and Justice: An Exercise in a Multilingual Analysis of the DMA

Pavlína Hubková
article en

Abstract

Abstract Like any other piece of EU legislation, the Digital Markets Act (DMA) is a multilingual legal instrument. However, its interpretation is often confined to the English-language discourse of competition law. This paper argues that this monolingual focus contradicts the Court of Justice of the European Union (CJEU)’s fundamental principle of the equal authenticity of language versions, which states that no single language version should be relied upon in isolation. A key concept in the DMA’s regulatory framework is ‘fairness’, a notion that remains semantically elusive. Through a comparative linguistic analysis of nine of the official language versions of the DMA, this study reveals significant variability in how ‘fairness’ is translated. It suggests that these lexical choices reflect not only stylistic differences, but also distinct normative shifts towards notions of equity, honesty, or justice. Ultimately, this paper addresses a gap in the existing literature by providing a systematic, multilingual investigation. It posits that the autonomous and uniform application of the DMA requires a teleological interpretation that embraces linguistic diversity.

Journal of Competition Law & Economics
Openalex Percentile: Top 8%
Diverse Legal and Medical Studies
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