SOVEREIGN DIGITAL REGULATION Jean-François ELSEN SOVEREIGN DIGITAL REGULATION Jean-François ELSEN

SOURCE 0 - THE DMA PROOF STANDARD

A gatekeeper designation ruling and a pending interoperability dispute are frequently treated as the same question. They are not. One determines who the Digital Markets Act applies to; the other determines what standard of evidence a regulator will accept once it does. This article examines the distinction the European Commission has already drawn, and the structural parallel it carries for pre-execution evidentiary architecture.

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