The Digital Markets Act (DMA) is a European Union regulation aimed at regulating the market power of large digital platforms and ensuring fairer competition in the digital sector. The regulation was adopted by the European Parliament on September 14, 2022 and came into force on November 1, 2022. The full application of the DMA will begin on May 2, 2023.

Objectives and scope of application

The DMA pursues several main objectives:

1. promoting fair competition in the digital sector
2. Preventing the abuse of market power by large platforms
3. Creating innovation opportunities for smaller companies and start-ups
4. Expanding choice for consumers

The regulation is primarily aimed at so-called “gatekeepers” – large digital platforms that act as gatekeepers between companies and end users. To be considered a gatekeeper, a company must meet certain quantitative thresholds, such as an annual turnover of at least 7.5 billion euros in the EU or a market capitalization of at least 75 billion euros.

Key points of the DMA

1. obligations for gatekeepers:
– Enabling interoperability with third-party providers
– Permission for users to uninstall pre-installed apps
– Prohibition of preferential treatment of own services in rankings
– Ensuring data portability for users

2. prohibitions for gatekeepers:
– prohibition of combining personal data from different services without consent
– prohibition of using data from business customers to compete with these
– prohibition of practices that make it difficult to switch between different services

3. sanctions:
– Violations may result in fines of up to 10% of annual global turnover
– Repeated violations may result in structural measures such as the break-up of the company

4. enforcement:
– The European Commission is responsible for enforcing the DMA
– Gatekeepers must submit regular reports on their compliance measures

Impact on the digital market

The DMA is expected to have a significant impact on the digital market:

1. promoting competition: Smaller companies and start-ups could benefit from a fairer competitive environment.

2. incentives for innovation: Opening up platforms to third-party providers could give rise to new innovative services.

3. consumer protection: users are given more control over their data and more choice in digital services.

4. business model adjustments: Large technology companies may need to rethink their business models and practices.

5 Global impact: The DMA could serve as a model for similar regulations in other parts of the world.

Challenges and criticism

The DMA also faces a number of challenges and points of criticism:

1. complexity of implementation: The technical implementation of some requirements, such as interoperability, could prove to be complex.

2. inhibition of innovation: Critics argue that overly strict regulations could hinder innovation.

3. global competitiveness: There are concerns that European companies could be at a disadvantage in global competition.

4. dynamics of the digital market: the rapid development of the digital sector could quickly render the regulation obsolete.

Significance for German companies

The DMA has various implications for German companies:

1. opportunities for SMEs: Small and medium-sized enterprises could benefit from a fairer competitive environment.

2. need for adaptation for large platforms: German companies classified as gatekeepers need to review and adapt their practices.

3. new business opportunities: Opening up large platforms could create new opportunities for innovative services and products.

4. compliance requirements: Companies must ensure that they comply with the new rules, even if they are not directly considered gatekeepers.

5 Strategic considerations: German companies should rethink their digital strategies in light of the DMA.

Preparation and outlook

Companies should prepare for the effects of the DMA:

1. analysis of the impact: companies should check whether and how they are affected by the DMA.

2 Compliance review: Existing practices should be reviewed for compliance with the DMA.

3. strategic adjustments: Business models and digital strategies should be adapted where necessary.

4. monitoring: the implementation and interpretation of the DMA by the European Commission should be closely monitored.

5. seizing opportunities: Companies should identify and exploit the new opportunities arising from the opening up of large platforms.

Conclusion

The Digital Markets Act represents a significant intervention in the regulation of digital markets. It has the potential to fundamentally change the competitive dynamics in the digital sector and offers opportunities for innovation and fairer competition. At the same time, it poses considerable challenges for large technology companies in particular. For German companies, the DMA offers both opportunities and risks. Careful analysis and strategic preparation are crucial in order to operate successfully in this new regulatory environment. The coming years will show how effective the DMA will be in practice and how it will shape the digital landscape in Europe and beyond.