In a letter dated Thursday 6 March, the two European Commissioners responsible for competition policy and digital affairs, Teresa Ribera and Henna Virkkunen, respond to the strong criticism levelled at the Digital Markets Act (DMA) by two members of the US Congress in a letter dated 23 February (see EUROPE 13591/5).
The letter, which Agence Europe has been able to obtain, “clarifies” certain legislative details relating to the DMA and its application in the EU.
In their February letter, the two co-signatories - Jim Jordan, Chairman of the House Judiciary Committee, and Scott Fitzgerald, Chairman of the Subcommittee on Administrative State, Regulatory Reform and Competition - accused the DMA of wanting to “give European companies an advantage” and “stifle innovation”.
The two Commissioners point out that the DMA has no “extraterritorial powers” and applies only within the EU. Companies operating in this area and designated as ‘gatekeepers’ are obliged to comply with it, as with all European laws. “The criteria for being designated as a gatekeeper are neutral and objective and do not aim at building European champions”, explains the Commission’s letter.
“The objective of DMA enforcement, as in any other piece of EU law, is to ensure compliance - not to issue fines. Possible sanctions, also common to US laws and regulations, are not an end in themselves but a prerequisite for credible engagement”, the two Commissioners point out, while the American letter expressed concern about the very high amounts of the possible fines.
Several MEPs have also sent a letter in which they too defend the application of the DMA, with the same arguments about its scope and purpose.
“Ensuring coherence between our respective frameworks will help create a level playing field that benefits consumers, businesses, and innovators on both sides of the Atlantic”, say the nine signatory MEPs, including Anna Cavazzini (Greens/EFA, German) and Stéphanie Yon-Courtin (Renew Europe, French).
See the Commission’s letter: https://aeur.eu/f/fsf
See the MEPs’ letter: https://aeur.eu/f/fsg (Original version in French by Isalia Stieffatre)