Proposal for a Regulation on contestable and fair markets in the digital sector (Digital Markets Act)

Author (Corporate)
Series Details COM (2020) 842
Publication Date 15/12/2020
Content Type , ,


Legislative initiative tabled by the European Commission on 15 December 2020, setting out rules for platforms that act as gatekeepers in the digital sector. It is also known as the Digital Markets Act (DMA).

Further information:

Digital services brought a number of benefits for uses and contributed to the internal market by opening new business opportunities and facilitating cross-border trading. In this context, a small number of large online platforms capture the biggest share of the overall value generated. They became key structuring elements of the digital economy, intermediating the majority of transactions between users and business users. Many of these undertakings are also tracking and profiling end users. A few large platforms thus act as gatekeepers between business users and end users and enjoy an entrenched and durable position, often as a result of the creation of conglomerate ecosystems around their core platform services, which reinforces existing entry barriers.

Their impact on digital markets create dependencies of many business users on these gatekeepers, which leads, in certain cases, to unfair behaviour vis-à-vis these business users. Regulatory initiatives by Member States would not fully address the issue and could lead to a fragmentation of the EU internal market. The objective of this proposal is to allow platforms to unlock their full potential by addressing the most salient incidences of unfair practices and weak contestability so as to allow end users and business users alike to reap the full benefits of the platform economy and the the digital economy at large, in a contestable and fair environment.

The need to address these concerns was stressed in the European Commission's Communication on Shaping Europe’s Digital Future. The draft law builds on the provisions of Regulation (EU) 2019/1150, also known as the P2B Regulation. It was tabled by the European Commission on 15 December 2020 as part of the so-called a legislative package which also included the proposed Digital Services Act (DSA). The Council of the European Union adopted a general approach on 25 November 2021. The European Parliament endorsed a negotiating position on 15 December. An informal agreement between the co-legislators on a compromise text for this file was reached on 24 March 2022. This was formally endorsed by the Parliament on 5 July, followed by the Council on 18 July.

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Commentary and Analysis
Wikipedia: Digital Markets Act
European Publishers Council (EPC): Blog: Categories: Digital Markets Act
Verfassungsblog: Tag: Digital Markets Act
Oxford University: Business Law Blog, 14/12/2020: Antitrust 2.0 – Governance of oversight over digital gatekeepers
TIME, 15/12/2020: How the E.U's Sweeping New Regulations Against Big Tech Could Have an Impact Beyond Europe
Bruegel: Podcast, 16/12/2020: The new EU digital regulations: Explained
EU Law Analysis, 14/01/2021: The proposed Digital Markets Act: overview and analysis
EPRS: Policy Podcast, 14/01/2021: Regulating Digital Gatekeepers: Background On The Future Digital Markets Act
LSE: Media@LSE Blog, 25/01/2021: Vaccines for the Digital Economy? The UK Digital Markets Unit, the EU Digital Markets Act and the German GWB amendment
Bruegel: Blog, 16/02/2021: Regulating big tech: the Digital Markets Act
Institut Montaigne: Blog, 17/02/2021: Digital Markets Act: Is the European Union Taking the Lead?
ITIF: Publications, 24/05/2021: The Digital Markets Act: European Precautionary Antitrust
CERRE: Publications, 26/05/2021: Making the Digital Markets Act more resilient and effective
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European Law Blog, 24/06/2021: Digital Markets Act: beware of procedural fairness and judicial review booby-traps!
Article19, 29/06/2021: Digital Markets Act: Civil Society addresses the European Parliament (IMCO)
CMS Law-Now: eAlerts, 30/06/2021: EU National Competition Authorities publish joint paper on Digital Markets Act, demand stronger role
FieldFisher: Insights, 23/07/2021: The EU's proposed Digital Markets Act
CSIS: Report, 15/09/2021: Implications of the Digital Markets Act for Transatlantic Cooperation
CMS Law-Now: eAlerts, 22/09/2021: “Friends of an effective Digital Markets Act” part 2 – France, Germany and Netherlands publish second joint position paper with proposals to amend the DMA
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BEUC: Blog, 29/10/2021: Making the Digital Markets Act work for consumers – BEUC’s take on Member States position
European University Institute (EUI): News Hub: Opinion, 11/11/2021: Philip Hanspach and Nicolas Petit on EU’s Digital Markets Act
EBU: Policy Position, 23/11/2021: Digital Markets Act: EBU welcomes IMCO report, calls for loopholes to be addressed
Politico, 25/11/2021: Europe reins in Big Tech: What you need to know
EBU: Policy Position, 25/11/2021: The media sector calls for remaining loopholes in the Digital Markets Act to be addresses during trilogue
European Disability Forum (EDF), 26/11/2021: MEPs require major digital companies to ensure accessibility for persons with disabilities
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Centre for European Reform: Policy Brief, 10/01/2022: No Pain, No Gain? The Digital Markets Act
Centre for European Reform (CER): Bulletin Articles, 24/01/2022: How the Digital Markets Act will challenge consumers
European Broadcasting Union (EBU): Policy Position, 25/01/2022: Digital Markets Act -- EBU priorities for trilogue negotiations
CEPA: Analysis, 28/01/2022: Why Europe’s Digital Markets Act Will Strain Transatlantic Relations
ECIPE: Briefing, February 2022: The EU Digital Markets Act: Assessing the Quality of Regulation
CSIS: Analysis, 08/02/2022: The European Union’s Digital Markets Act: A Primer
EPRS: Briefing, February 2022: Digital markets act
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S&P Global: Market Intelligence, 01/04/2022: Big fines can scare Big Tech, but enforcing Digital Markets Act is key – experts
Brookings Institution: TechStream, 14/04/2022: The EU’s experimental approach in overhauling competition rules
Sciences Po: Interview, 19/04/2022: What’s The Outlook For The EU's Digital Markets Act? 3 Questions To Ayse Gizem Yasar
Article19: Resources, 19/04/2022: EU: Fix Digital Markets Act flaws to protect competition and users’ rights
Institute for International & European Affairs (IIEA): Events, 21/04/2022: The Digital Markets Act: Reshaping Europe’s Digital Economy
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EurActiv: Topics: DMA
Politico: Tag: Digital Markets Act
EurActiv, 15/12/2020: Revealed: Commission ushers in new era of digital regulation
EurActiv, 17/02/2021: Don’t ignore platforms ‘combining services’ in Digital Markets Act, Netherlands says
Bloomberg, 20/10/2021: EU’s Ambitious New Tech Rules to Be Delayed Further Into 2022
EurActiv, 11/11/2021: EU ambassadors approve ‘general approach’ to Digital Markets Act
Bloomberg, 23/11/2021: EU Lawmakers Pass Strict New Rules Affecting Big U.S. Tech
Malta Today, 25/11/2021: MEPs take on social media giants with Digital Markets Act rules
Reuters, 25/11/2021: EU countries agree on common stance on new rules for U.S. tech giants
CityAM, 14/01/2022: ‘An awful lot to play for’: Google lobbies EU for a softer Digital Markets Act as final changes made
EurActiv, 16/02/2022: Key EU lawmaker aims for April deal on Digital Markets Act
Politico, 24/03/2022: EU negotiators agree new rules to rein in tech giants
The Verge, 24/03/2022: EU targets Big Tech with sweeping new antitrust legislation
The Guardian, 25/03/2022: EU agrees sweeping new digital rules in effort to curb big tech’s power
BBC News, 25/03/2022: Europe agrees new law to curb Big Tech dominance
The Verge, 08/05/2022: The EU could start enforcing rules to regulate Big Tech in spring 2023
Reuters, 05/07/2022: EU lawmakers pass landmark tech rules, but enforcement a worry

EUR-Lex: SWD(2020)363: Staff Working Document accompanying the Proposal - Impact Assessment Report
EUR-Lex: SWD(2020)364: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment Report
European Parliament: Legislative Observatory: Procedure File for Proposal on Digital Markets Act (2020/0374(COD))
European Parliament: Legislative Train Schedule: Digital Markets Act
European Commission: Priorities 2019-2024: The Digital Markets Act: ensuring fair and open digital markets
European Commission: Press Release, 15/12/2020: Europe fit for the Digital Age: Commission proposes new rules for digital platforms
European Banking Federation (EBF), 15/06/2021: European Commission’s proposal of a Digital Markets Act – EBF Key messages
S&D EP Group: Newsroom, 06/10/2021: S&Ds on DSA/DMA: We are astonished to hear others might put at risk these files that are crucial to our citizens
EFTA: News, 10/11/2021: EEA EFTA Comment on the proposal for a Digital Markets Act
European Parliament: Press Release, 23/11/2021: Digital Markets Act: ending unfair practices of big online platforms
Council of the European Union: Press Release, 25/11/2021: Regulating ‘big tech’: Council agrees on enhancing competition in the digital sphere
EPP EP Group: Newsroom, 14/12/2021: Clear rules to put an end to "digital Wild West"
GUE/NGL EP Group: News, 15/12/2021: Digital Markets Act: a small step towards reining in Big Tech
S&D EP Group: Newsroom, 15/12/2021: S&Ds made sure consumers will be able to cross-chat from one platform to another with the Digital Markets Act
European Parliament: Press Release, 24/03/2022: Deal on Digital Markets Act: EU rules to ensure fair competition and more choice for users
Renew Europe EP Group: Newsroom, 24/03/2022: Digital Markets Act: Renew Europe secured key elements of the interinstitutional agreement
Council of the European Union: Press Release, 25/03/2022: Digital Markets Act (DMA): agreement between the Council and the European Parliament
European Commission: Press Release, 25/03/2022: Digital Markets Act: Commission welcomes political agreement on rules to ensure fair and open digital markets
European Commission: Remarks by Executive Vice-President Vestager for the political agreement on the Digital Markets Act (25 March 2022)
European Commission: Questions and Answers: Digital Markets Act: Ensuring fair and open digital markets (23 April 2022)
European Parliament: Press Release, 05/07/2022: Digital Services: landmark rules adopted for a safer, open online environment
Council of the European Union: Press Release, 18/07/2022: DMA: Council gives final approval to new rules for fair competition online

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