Digital Ecosystems in the Wake of a Legislative/Regulatory Turmoil: A First (Tentative) Antitrust Assessment of the Italian (And European) Experience in the AGCM Case Law

Ecosystems is central to contemporary competition law debate, in particular in digital markets. Over the past few months, the EU Commission has launched several initiatives, such as the AI Regulation and the Digital Markets Act (DMA), in the attempt to induce faster changes in business conducts compared to competition law proceedings by avoiding the numerous lengthy stages and the lack offlexibility of such enforcement. The current initiatives at EU level and the proactive legislative approach adopted by various Member States have the merit to (at least try to) codify general ex ante rules inspired, largely, by specific competition law proceedings and, then, clarify the emerging notion of digital ecosystems. This article considers the meaning and the scope of this recurring concept by reviewing all the relevant legislative and policy-related initiatives adopted by the EU Commission and the Member States. It then shows the outcome of the recent proceedings concluded by the Italian Competition Authority ('AGCM') concerning the role of ecosystems in the current digital landscape. Against this background, this article argue that it will be difficult to reconcile this ever-growing national trend, in terms of parallel competition proceedings (with record-fines) and legislative proposals/amendments regarding the digital gate-keepers, with the EU Commission's 'legislative train' aimed at regulating the EU digital markets.