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
Follow-on
Relationship between private enforcement and public enforcement
Information sharing
Duty to stay proceedings
Relationship between national courts and the EU Courts
Referral process
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 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.
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.