The Digital Markets Act Unpacked
Click on each of the topics to find out more
Scope: Designation of a gatekeeper
The DMA’s criteria for designating “gatekeepers” determine which companies and “core platform services” must comply with the DMA’s obligations. There are, however, a number of key questions concerning the DMA’s jurisdiction. What is a “core platform service”? What thresholds must companies meet to qualify as a gatekeeper? Can companies challenge the presumption of gatekeeper status in certain circumstances?
Read further for a breakdown the DMA’s key criteria for gatekeeper designation.
Duties: Obligations under DMA
The DMA sets out a range of obligations for designated gatekeepers encompassing:
- Data access and usage
- Distribution, bundling and interoperability of digital services
- Non-discriminatory treatment by digital services
- FRAND access to search data and certain digital services
- Interoperability for messaging services
- Compliance and reporting
Read further for a detailed breakdown of these various obligations.
Enforcement: The Commission's Role
The European Commission will carry most of the enforcement burden. Indeed, it has sole jurisdiction to designate undertakings and core platform services as gatekeepers. It is also responsible for ensuring that the obligations are complied with and may, when applicable impose sanctions.
Read further for more details.
Private litigation: Enforcement by national courts
Third parties can pursue designated gatekeepers for failure to comply with the DMA’s rules and seek damages for such infringements.
Institutional Set Up: Who is doing what at the Commission
Click the image below to see who does what at the European Commision.
Legislation: Final version and related official documents
The final text as well as the relevant Commission publications around the DMA are available here. We will link to the cases and other updates when or if they occur respectively.
Further Resources: The broader picture
The DMA is part of a broader package of EU regulations which all have their place in the European Digital Strategy. Luckily, we have extensive resources covering these various regulations.
Contacts
