Fully automated agents
will soon be changing the landscape of the digital economy. In the process,
they will make the lives of consumers a whole lot easier. However, the age of
Agentic Artificial Intelligence (AI) presents new challenges for digital
regulation, particularly for the Digital Markets Act (DMA). Due to the
different business models of such AI Agents, it is by no means certain that the
DMA is even applicable to these services. This is especially true for those AI
Agents that can automatically conclude contracts for consumers. While the
introduction of special rules for AI Agents in international contract law has
been discussed for some time, the DMA shows a significant blind spot in this
regard, as these services do not fall under any category of core platform
services in the DMA. This problematic gap could be closed either by introducing
a general definition of core platform services or by extending the Commission’s
mandate to adopt delegated acts in order to add new services to the list of
core platform services. That the latter solution is feasible is suggested by a
comparison of the DMA’s rules with the rules for high-risk AI systems in the
European AI Act.