The limits of Big Tech power and the constitutionalization of infrastructure

The text analyzes the evolution of technological platforms from market successes into infrastructural systems of a public nature, using Booking.com as an example. The author distinguishes company size from the abuse of power, indicating that while market success is deserved, it does not grant immunity from regulation. The main problem is the conflict between property rights and the external effects of corporate decisions, which shape the conditions of market participation for millions of entities. In the context of the DMA and DSA, the article postulates the necessity of defining the boundaries of Big Tech's architectural power. A key element is ensuring market contestability and reducing transaction costs so that private infrastructure does not become a barrier to innovation, but rather a safe environment for economic exchange.