The Digital Markets Act (DMA) will enter into force on Tuesday 1 November (see EUROPE 12986/3). Adopted in July 2022 by the European Parliament in plenary session, the text should serve, among other things, to put an end to the unfair practices of large companies playing the role of ‘gatekeeper’ in the online platform economy.
The DMA will start to apply in six months, from 2 May 2023. Then, within two months - by 3 July 2023 at the latest - potential gatekeepers will have to notify their core platform services to the Commission, if they meet the thresholds set by the DMA.
The Commission will then have 45 working days to determine whether the company in question meets the thresholds and to designate it - or not - as a gatekeeper. After their designation, they will have six months to comply, at the latest by 6 March 2024.
As a reminder, the DMA provides for several criteria for a company to qualify as a gatekeeper, based on turnover, the number of active end-users and business users established in the EU and the sustainability of that company’s position in the EU market as a significant player.
The DMA is the second pillar of the digital package to enter into force, after the Digital Services Act (DSA) (see EUROPE 12973/11). These two texts should serve to bring order to what the European Commissioner for the Internal Market, Thierry Breton, described in July as the digital “Wild West”.
Mr. Breton had also taken up the cause on 28 October, when the takeover of the social network Twitter by the American entrepreneur and billionaire Elon Musk had been made official.
“The bird is free”, said Tesla’s boss in the wake of the company’s acquisition. “In Europe, the bird will fly according to European rules”, Mr Breton replied, referring to the DSA and DMA. (Original version in French by Thomas Mangin)