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Revolutionising how digital platforms operate

The EU’s Digital Markets Act creates a new regulatory framework for large digital platforms in the EU. Who is or will be regulated by the next frontier of digital regulation? What will it mean in practice for them and their users? What tools does it give the Commission and third parties to ensure compliance with the Act? You will find all you need to know with respect to the Scope, Duties, Public Enforcement and Private Litigation for this new regulation on our one-stop-shop dedicated to the DMA.

The Digital Markets Act Unpacked

Click on each of the topics to find out more


Scope: Designation of a gatekeeper

The DMA’s criteria for designating “gatekeepers” determine 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. What is a “core platform service”? What thresholds must companies meet to qualify as a gatekeeper? Can companies challenge the presumption of gatekeeper status in certain circumstances?

Read further for a breakdown the DMA’s key criteria for gatekeeper designation.


Duties: Obligations under DMA

The DMA sets out a range of obligations for designated gatekeepers encompassing:

  • Data access and usage
  • Distribution, bundling and interoperability of digital services
  • Non-discriminatory treatment by digital services
  • FRAND access to search data and certain digital services
  • Interoperability for messaging services
  • Compliance and reporting

Read further for a detailed breakdown of these various obligations.


Enforcement: The Commission's Role

The European Commission will carry most of the enforcement burden. Indeed, it has sole jurisdiction to designate undertakings and core platform services as gatekeepers. It is also responsible for ensuring that the obligations are complied with and may, when applicable impose sanctions.

Read further for more details.

diagram showing the process of public enforcement by the European Commission


Private litigation: Enforcement by national courts

Third parties can pursue designated gatekeepers for failure to comply with the DMA’s rules and seek damages for such infringements.

Read further for more details.


Institutional Set Up: Who is doing what at the Commission

Click the image below to see who does what at the European Commision.



Radiation: The DMA across the globe


Outside of the EU


Legislation: Final version and related official documents

The final text as well as the relevant Commission publications around the DMA are available here. We will link to the cases and other updates when or if they occur respectively.


Further Resources: The broader picture

The DMA is part of a broader package of EU regulations which all have their place in the European Digital Strategy. Luckily, we have extensive resources covering these various regulations.

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