Gating The Keepers: The Digital Markets Act

Summary

Background: in December 2020, the European Commission (the "Commission") published a proposal for the Digital Markets Act (the "DMA") which would, if enacted, introduce new rules for platforms that act as "gatekeepers" for "core platform services". The DMA would expand the Commission's enforcement powers in the digital sector, allowing it to exert a considerably greater degree of control over the commercial policy of designated gatekeepers. European Commissioner for Competition Margrethe Vestager stated that the purpose of DMA "is exactly to make sure we don't have the tipping of a market."  It is expected to come into force in late 2022/early 2023, but the precise enacting provisions are not yet known.