It’s likely some of the same companies which have already been named VLOPs under the DSA will also be designated gatekeepers under the DMA - meaning they will accrue additional “specific obligations”, on top of the algorithmic transparency requirements demanded by the DSA. If you’re feeling a sense of déjà vu, that’s probably because EU lawmakers recently designated 19 very large online platforms (VLOPs) that are subject to the DMA’s sister regulation, the Digital Services Act (DSA), which reboots the bloc’s ecommerce governance regime.Įurope names 19 platforms that must report algorithmic risks under DSA until March 6, 2024) to comply with the requirements in the DMA,” the Commission writes in a press release. Following their designation, gatekeepers will have six months (i.e. The Commission will then have 45 working days (until September 6, 2023) to decide whether the company meets the thresholds and to designate gatekeepers. “Now that the DMA applies, potential gatekeepers that meet the quantitative thresholds established have until July 3 to notify their core platform services to the Commission. Effective enforcement is critical because we've watched Apple try to skirt the rules around the world. Totally agree with that the internet was never built to be controlled by a small number of dominant players.
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But we’ll have to wait a few months to see if the full list contains any surprises. Although the Commission may also apply a subset of DMA rules to companies it suspects will soon become gatekeepers.Ĭertain big names will very obviously hit the DMA threshold (Apple, Amazon, Google, Meta and Microsoft seem entirely safe bets for being deemed gatekeepers). Lastly, an entrenched and durable position is presumed if the company met the other criteria in each of the last three financial years.
Gatekeepers must also be an “important gateway for business users towards final consumers”, as the Commission puts it - which the DMA considers to be the case if the company in question operates a core platform service with 45M+ monthly active end users in the EU and more than 10,000 yearly active EU business users in the last financial year. This means reporting annual revenue in the European Economic Area that hit or exceeded €7.5 billion in each of the last three financial years or else having an average market capitalisation “or equivalent fair market value” that amounted to at least €75 billion in the last financial year, as well as providing a core platform service in at least three EU Member States. Secondly they must be of a large enough size and entrenched market position to fall under the regime.
Quick recap: The DMA applies a fixed set of obligations to so-called Internet “gatekeepers” who meet specific, cumulative criteria: Firstly they must operate at least one “core platform service” (these include online search engines, social networking services, app stores, certain messaging services, virtual assistants, web browsers, operating systems and online intermediation services). But tech giants are facing a busy summer to prepare their regional compliance strategies. The next major milestone is a few months out, in early fall, when the Commission will confirm which of the usual suspect tech giants will be subject to the bloc’s shiny new ex ante competition regulation regime. GAFAM giants will have marked their calendars today as the Digital Markets Act (DMA), the European Union’s plan to curb the market power of Big Tech, now technically applies, after entering into force last November.
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