The EU’s Digital Markets Act

The European Union’s Digital Markets Act (DMA) has become applicable as of today, after entering into force in November 2022. The DMA aims to regulate the behavior of tech companies deemed as “gatekeepers” in order to ensure fair competition within the digital market. However, enforcement on these gatekeepers is not expected until spring 2024. Here are some key points to know about the DMA:

What is the Digital Markets Act?

The Digital Markets Act is a piece of legislation proposed by the European Commission to regulate the behavior of large tech companies that have been deemed as “gatekeepers”. These gatekeepers are defined as companies that have significant market power and play a central role in the digital ecosystem, such as Google, Amazon, and Facebook.

The goal of the DMA is to create a level playing field for all players in the digital market by addressing anti-competitive practices and promoting innovation. The legislation lays out a set of rules that gatekeepers must abide by, such as providing access to essential data, ensuring interoperability with other platforms, and prohibiting self-preferencing.

The DMA will be enforced by a new Digital Markets Authority, which will have investigative and corrective powers to ensure compliance with the legislation.

Who Will Be Affected?

The DMA will apply to a limited number of large tech companies that have been identified as gatekeepers. The exact criteria for being classified as a gatekeeper are still under discussion, but companies will be assessed based on their market share, user base, and other relevant factors.

It is estimated that around 10-15 companies will be affected by the DMA, with Google, Amazon, Facebook, and Apple being the most likely candidates.

Other companies that may be affected include online marketplaces, app stores, and social media platforms that have significant market power in the EU.

What Are the Key Provisions?

The Digital Markets Act lays out a set of rules that gatekeepers must comply with in order to ensure fair competition and promote innovation. Some of the key provisions include:

• Providing access to essential data and services to competitors and users.
• Prohibiting self-preferencing, where gatekeepers prioritize their own products or services over those of competitors.
• Ensuring interoperability with other platforms to allow for seamless communication and data exchange.
• Allowing users to freely uninstall pre-installed apps and software that is not essential to the functioning of the device or service.
• Granting users greater control over their data and privacy.

When Will Enforcement Begin?

Enforcement of the Digital Markets Act is not expected to begin until spring 2024. This delay is intended to give companies time to adapt to the new rules and ensure compliance. However, the Digital Markets Authority will have investigative and corrective powers from the outset, meaning that gatekeepers could be subject to scrutiny and potential fines if they are found to be in violation of the DMA.

It is not yet clear how strictly the DMA will be enforced, or what the penalties for non-compliance will be. However, it is expected that fines could be substantial, with some experts predicting that they could reach up to 10% of a company’s global revenue.

What are the Implications?

The Digital Markets Act is a significant step towards promoting fair competition and innovation in the digital market. By regulating the behavior of gatekeepers, the DMA aims to prevent anti-competitive practices and ensure that all players have an equal opportunity to succeed.

However, the DMA has also been criticized for being too prescriptive and potentially stifling innovation. Some argue that the rules laid out in the legislation could limit the ability of gatekeepers to develop new products and services, leading to decreased investment and innovation in the digital market.

Ultimately, the success of the Digital Markets Act will depend on how it is enforced and how companies respond to the new rules. If the DMA is able to promote fair competition and innovation while not unduly restricting the activities of gatekeepers, it could serve as a model for other countries seeking to regulate the digital market.

The EU’s Digital Markets Act has become applicable as of today, after entering into force in November 2022. The DMA aims to regulate the behavior of tech companies deemed as “gatekeepers” in order to ensure fair competition within the digital market. While enforcement of the DMA is not expected until spring 2024, the legislation lays out a set of rules that gatekeepers must abide by in order to avoid potential fines. The success of the DMA will depend on how it is enforced and how companies respond to the new rules, but it represents a significant step towards promoting fair competition and innovation in the digital market.