AI And The EU Digital Markets Act

The European Union's Digital Markets Act's (DMA) stated aim is to complement European Union competition rules to ensure contestable and fair markets in the digital sector by imposing specific obligations on "gatekeepers". Gatekeepers are designated large platforms providing Core Platform Services (CPS), such as online search engines, social networks, operating systems, marketplaces, or online advertising services.

AI is currently not considered a CPS under the DMA. The European Commission may propose that the EU legislature add AI to the list of CPS following a market investigation. The Commission seems hesitant to do so due to the lack of clarity regarding what the exact designation should be and what entities would qualify as a gatekeeper, particularly since AI is frequently embedded within broader services. It remains to be seen whether the Commission will address AI-related issues more explicitly in the future. It appears that this may happen when the DMA