DMA Insight #7: More bricks in the wall: the DMA compliance report and merger notification form

As Europe slips into Summer break, the Commission has been putting the final administrative touches to its procedures under its new digital markets act (DMA).

Following the end of the Commission’s consultation, we are now waiting for the final version of the compliance report that gatekeepers will need to submit and publish after designation. Read our full set of comments on the form. High on our list of things to look out for is whether a less prescriptive approach to the report’s requirements makes it a more useful guide for gatekeepers’ compliance with the DMA, as well as better suited for long-term use. We await the final version with much interest.

In addition, the Commission also published the template notification form for gatekeepers to inform the Commission of their M&A activities. Under the DMA, gatekeepers must inform the Commission of all transactions involving core platform services, other services in the digital sector, or businesses enabling the collection of data.

With a familiar format for those dealing in Form COs, the template notification form primarily collects information relevant to establishing whether the Commission, or any national competition authorities, may have jurisdiction as well as information on whether any counterparties operating core platform services may satisfy the DMA’s quantitative thresholds for presumptive designation.

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