Private enforcement
Third parties can enforce the DMA at the Member State level in the form of private damages actions. In this context, national courts may interpret and apply the DMA rules to find that their violation has caused harm to the third party bringing the claim.
Types of claims
Standalone
- Third parties will be able to bring standalone claims (where the Commission has not held that the gatekeeper has infringed the relevant DMA rules).
Follow-on
- Third parties will be able to bring follow-on claims (where third parties would rely on a Commission finding of an infringement under the DMA before the national court to establish the claim).
Relationship between private enforcement and public enforcement
Information sharing
- To facilitate private enforcement, the DMA also contains a framework for cooperation between national courts and the Commission. National courts are entitled to request information in the Commission’s possession and the Commission’s opinion on the DMA. The Commission also has the right to submit written observations to the Court on its own initiative to preserve the coherency of the DMA’s application.
Duty to stay proceedings
- To avoid practical conflict between the Commission’s public enforcement and any parallel private enforcement, the DMA also imposes a de facto duty on national courts to stay any parallel proceedings as national courts must avoid judgments that would conflict with a decision contemplated by the Commission.
Relationship between national courts and the EU Courts
Referral process
- National courts have the right to refer questions concerning the interpretation of the DMA to the Court of Justice of the EU for a preliminary ruling.
More content on the DMA Hub
Digital Markets Act Hub
The EU’s Digital Markets Act creates multiple digital rights (and obligations). Who is or will be affected by this next frontier of digital platform regulation in Europe? You will find all you need to know on our one-stop-shop dedicated to the DMA.
Scope: Designation of a gatekeeper
The DMA’s criteria for designating “gatekeepers” stipulate 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. Read further to see the breakdown of the DMA’s key criteria for gatekeeper designation.
Duties: Obligations under DMA
The DMA sets out a host of obligations for designated gatekeepers. These can be categorised according to the aims of the DMA, including to ensure fair conditions of use; to prevent self-preferencing / leveraging; and to protect digital rights and improve access to data, among others.
Enforcement: The European Commission
As with the EU’s competition rules, the DMA provides for private enforcement as well as public enforcement by the Commission. The Commission ensures that gatekeepers comply with their obligations under the DMA.
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DMA Hub
DMA Hub
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Designation of a gatekeeper
Designation of a gatekeeper
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Obligations under DMA
Obligations under DMA
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Enforcement by the European Commission
Enforcement by the European Commission
