The European Commission is the main enforcer of the DMA. Indeed, it has sole jurisdiction to designate undertakings and core platform services as gatekeepers. The DMA also confers multiple enforcement powers on the Commission including investigatory powers, and the ability to require remedies or to impose penalties to ensure compliance.
Information gathering
Consistent with the Commission’s power under competition law, the Commission has the ability to send request for information and carry out inspections and interviews:
Requests for information
Inspections and interviews
Enforcement powers
Fines and penalties
Substantive breaches
Procedural breaches (e.g. failure to comply with information requests)
Periodic payments to compel compliance
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.
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.
The DMA sets out a host of obligations for designated gatekeepers. These can be categorised according to the following aims of the DMA, namely to ensure fair conditions of use; prevent self-preferencing / leveraging; protect digital rights and improve access to data; promote interoperability rights in relation to digital platforms; and enhance compliance with digital platform regulation through reporting.
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.