With the proposed Digital Markets Act (DMA), the European Commission aims to ensure that large systemic online platforms, which are entrenched in their market position, provide fair and competitive conditions to businesses and consumers. Gatekeepers are identified based on a set of qualitative criteria (significant impact, core platform service, entrenched and durable position), however the proposal also sets out an objective presumption based on, among others, turnover. The DMA imposes a set of obligations on gatekeepers. Notably, their services must interoperate with third party services, businesses must be able to access the data they generate on the gatekeeper's platform, and they will be prevented from ranking their own products and services at will on their own platform. Moreover, any intended concentration with another provider of digital services will have to be noted with the European Commission. These, and a variety of other obligations will be enforced by the European Commission, which will have the possibility to impose fines up to 10 % of net turnover. The European Commission will be assisted by the Digital Markets Advisory Committee, composed of the Member States. More details: European Commission.
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