Gatekeepers, interoperability obligations, self-preferencing prohibition, data access and sanctions.
Regulation (EU) 2022/1925 on Digital Markets (DMA) fully entered into force on March 6, 2024. Its goal is to ensure competition in digital markets by preventing large platforms from abusing their position.
The DSA regulates content and safety. The DMA regulates competition and market access. They are complementary.
The European Commission designates a company as a "gatekeeper" based on three criteria: significant market impact (at least 7.5 billion euros EEA turnover or 75 billion euros market cap), operating at least one core platform service (search engines, social networks, operating systems, browsers, virtual assistants, advertising, intermediation, messaging, cloud computing), and an entrenched position (at least 45 million monthly end users and 10,000 yearly business users in the EU).
Designated gatekeepers (as of March 2024): Alphabet, Amazon, Apple, ByteDance, Meta, Microsoft (22 core platform services total).
Gatekeepers cannot favor their own products in search results or rankings.
Messaging services must allow users from other services to exchange messages and make calls (progressive obligation). Operating systems must allow sideloading (app installation from external sources).
Business users must receive performance data. Advertisers must receive campaign information. Cross-service data combination is prohibited without GDPR consent.
End users must be able to easily export their data, including activity-generated data.
Gatekeepers cannot require business users to exclusively use their services.
Non-compliance: up to 10% of worldwide annual turnover. Repeated non-compliance: up to 20%. Systematic infringement (3+ violations in 8 years): structural measures including forced divestiture. Only the European Commission can enforce the DMA, ensuring uniform application across the EU.
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What is the maximum sanction for repeated DMA non-compliance?
What is the "self-preferencing" prohibited by the DMA?
How many monthly active end users in the EU are required to be designated a gatekeeper?
Which body has exclusive competence to enforce the DMA?
What obligation does the DMA impose on gatekeepers' messaging services?
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