The European Commission’s recently introduced Digital Markets Act (DMA) is set to reshape how digital businesses operate in Europe and reset the rules of the game for those providing and using digital services. The act will transform the operation of the largest digital platforms operating in the EU as well as setting a regulatory precedent beyond its borders.
The Commission is now in full DMA-implementation mode. EU officials held a technical workshop with potential gatekeepers and their business users on 5 December 2022, to discuss the technical application of the ban on self-preferencing. During these workshops, the Commission took the mediator and observer roles while stakeholders discussed their concerns among themselves. More workshops on the remaining to-be-specified article 6 obligations are expected to follow.
Furthermore, the Commission created two dedicated DMA units within its Communications (CNECT) and Competition (COMP) Directorates, and recruited heavyweight civil servants like Filomena Chirico and Lucia Bonova from Commissioners Breton and Vestager’s cabinets to kick start the implementation phase of the Act.
In terms of secondary legislation, the Commission will detail procedural aspects on gatekeepers’ self-notification in an implementing act expected by Q1 2023. The draft Act, expected shortly for consultation, is eagerly anticipated.
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