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Behavioral Insights in the DMA: A Good Start, But How Will the Story End?

BY | October 31, 2022

The EU Digital Markets Act (“DMA”) contains several provisions which reflect important behavioral insights, and in particular the importance of choice architecture for end user decision-making. This article discusses three…

The EU Digital Markets Act (“DMA”) contains several provisions which reflect important behavioral insights, and in particular the importance of choice architecture for end user decision-making. This article discusses three roles played by such insights. First, several DMA obligations address conduct whose anticompetitive effects arise from the interlinkage between choice architecture and end user behavior. Second, certain DMA obligations more explicitly cover the choice architecture facing u

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