The EU Digital Markets Act – An Irish Perspective

On 12 October 2022, the European Commission ("Commission") took the final step in enacting the Digital Markets Act ("DMA"), by publishing its text in the EU Official Journal and thereby starting a 6 month transition period before the DMA becomes enforceable.

The DMA is a revolutionary piece of EU legislation, in that never before has the EU created such a detailed rulebook and powerful enforcement toolbox in a law designed to foster fair competition. Big Tech is the focus and the DMA's stated purpose is to force Big Tech to discontinue practices which – are claimed to – dampen competition and exploit customers. The DMA centralises enforcement power in the EU Commission but the DMA is also likely to lead to regulatory and private enforcement cases at national level throughout the EU.