The Digital Markets Act (Dma), which entered into force on 1 November 2022, is a European regulation that aims to regulate large digital platforms, defined as “Gatekeeper”in order to guarantee a fair market. Presented by the European Commission in December 2020, it is one of the most ambitious initiatives of theEuropean Union in the technological and digital field of recent years which could have consequences on apps such as Telegram And WhatsApp.
This regulation represents a significant regulatory turning point that could redefine the way in which the big tech operates in Europe and, potentially, even global level.
What is the Digital Markets Act
The Digital Markets Act It is an EU regulation that is part of the framework of the European digital strategy, alongside the Digital Services Act (DSA). While the DSA focuses on the contents and responsibility of digital platforms regarding the spread of online content, the DMA focuses on market dynamics, aiming to prevent anti -concurrence behaviors by large technological companies.
The DMA applies to those digital platforms that play a role of “Gatekeeper” (in Italian, “access guardian”). These are operators who have a dominant position such as to act as an essential joint for other commercial operators and consumers, significantly influencing the digital market.
Who are the “gatekeeper”
According to the text of the Dmaa platform is classified as gatekeeper If he satisfies three main criteria:
- It has a strong economic position and a significant presence in the European market.
- It provides a platform service that acts as a fundamental connection between companies and consumers.
- It has (or probably will have) a consolidated and durable position over time.
To be formally designated as Gatekeeper, a company must reach certain quantitative parameters:
- A annual turnover in the EU equal to or greater than 7.5 billion of euros in the last three years, or a market capitalization equal to or greater than 75 billion euros.
- Must provide a service of main platform (such as search engines, social networks, browsers, marketplace, etc.) with at least 45 million of end -of -monthly end users in the EU and at least 10,000 annual active commercial users.
In September 2023, the European Commission has officially designated six companies such as Gatekeeper: Alphabet (Google), Amazon, Apple, Bytedance (Tiktok), Meta (Facebook, Instagram, WhatsApp) And Microsoft.
Objectives, rules and sanctions of the DMA
The Dma The goal of:
- Ensure more digital markets Equi and open.
- Promote innovation and competition.
- Prevent the gatekeeper from abusing their dominant position to suffocate competition.
- Offer greater opportunities to European companies, in particular to SMEs and startups, to access the digital market.
In addition, it introduces a series of obligations and prohibitions for gatekeeper. Some of the main obligations include:
- Interoperability: gatekeeper must allow interoperability between their platforms and those of third parties. For example, a competing messaging app must be able to communicate with WhatsApp (see Telegram).
- Access to data: must guarantee companies that use their platform access to the data generated by their interactions.
- Neutrality of the platforms: they cannot favor their services or products at the expense of those of third parties. For example, Google cannot favor its services in the search results.
- Prohibition of imposition of unfair conditions: commercial users cannot oblige to use certain complementary services (such as payment systems) to access the main platform.
- Data portability: Users must be able to easily transfer their data from one platform to another.
The Dma It provides for severe sanctions in case of non -compliance with the rules. Fines can reach up to 10% of the company’s annual world turnover, and up to 20% in case of recurrence. In addition, the European Commission has the power to impose structural remedies, such as the disposal of activities, if the infringements are serious and repeated.
Impacts on the market and on companies
The implications of Dma They are deep. The large digital platforms will have to rethink many of their commercial practices. Some examples:
- Apple It could be forced to allow the installation of apps outside the App Store or to allow the use of alternative payment systems.
- Half it may have to open WhatsApp to external messaging services.
- Google He will have to guarantee that his research results are neutral and do not penalize competitors.
These changes could encourage a greater variety of digital services and reduce dependence on a few large companies. At the same time, the big tech are reacting with concern and have already started legal appeals and technical changes to conform to the new rules.
Criticism and challenges for the future
There is no shortage of criticism. Some experts believe that the Dma It can curb innovation, imposing too rigid rules and high costs for adaptation. Others fear that it can create fragmentation in the global digital market, making the EU less attractive for technological investments. Another challenge concerns the actual application of the rules. It will be essential that the Commission has resources and skills to monitor and enforce the rules, avoiding that they remain a dead letter.
Despite criticism, the Dma It is seen by many as a potential model for other jurisdictions. The United States, the United Kingdom, Australia and other countries are carefully observing the evolution of European legislation, evaluating the adoption of similar measures. The EU has set itself the objective of becoming a regulatory power in the digital world, and the Dma represents a key tool to achieve this. It remains to be seen if the rules will translate into greater equity without compromising the ability to innovate.
We are faced with a concrete example of how regulation can influence not only the dynamics of the market, but also our way of interacting with digital everyday. It will be crucial to observe how the situation will evolve and what the tangible effects for users, companies and institutions will be in the coming years.
