Glossary · EU Competition Law DMA (Digital Markets Act)
The 2022 EU regulation imposing obligations on designated 'gatekeeper' platforms (Apple, Google, Meta, Amazon, Microsoft, ByteDance) to ensure fair digital markets.
## What the DMA actually does
The Digital Markets Act (Regulation (EU) 2022/1925) is the EU's flagship competition regulation for digital markets. It entered into force in November 2022, with full application from May 2023 and gatekeeper designations finalised in September 2023.
Unlike traditional competition law (which addresses anticompetitive behaviour after the fact), the DMA imposes ex ante obligations on a small set of designated "gatekeeper" platforms — companies whose market position gives them outsized influence over digital markets.
## Designated gatekeepers (as of 2026)
Six companies were designated as gatekeepers in September 2023:
- **Alphabet** (Google) — for Search, YouTube, Maps, Chrome, Android, Google Play, Google Ads, Google Shopping, Google Workspace
- **Amazon** — for Marketplace, Ads
- **Apple** — for App Store, iOS, Safari, iPadOS
- **Meta** — for Facebook, Instagram, WhatsApp, Messenger, Marketplace, Ads
- **Microsoft** — for Windows, LinkedIn
- **ByteDance** — for TikTok
In 2024-2026, additional designations have been added or are under review including Booking.com (designated in May 2024) and others.
## Core obligations on gatekeepers
The DMA imposes 22 specific obligations on gatekeepers, broadly grouped into:
**Interoperability requirements:**
- Messaging platforms must enable cross-platform messaging (WhatsApp ↔ Threema, etc.)
- Mobile operating systems must allow third-party app stores and sideloading
- Browsers must offer choice screens for default search engines
**Anti-self-preferencing:**
- Search engines cannot rank their own services above competitors
- App stores cannot favor their own apps over third-party apps
- Marketplaces cannot favor first-party listings
**Data restrictions:**
- Gatekeepers cannot combine personal data across different services without explicit user consent
- Gatekeepers cannot use business users' data to compete with them
- Users must be able to easily port data from gatekeeper services
**Transparency:**
- Detailed reporting on advertising metrics
- Clear disclosure of data use
- Transparent ranking factors
## Why the DMA matters for European tech
The DMA creates structural competitive opportunities for European alternatives:
**1. Browser choice screens** — when iOS users in the EU set up a new device, they see a choice screen of search engines. This has driven measurable market share growth for Mojeek, Qwant, Ecosia, and DuckDuckGo at Google's expense.
**2. App store competition** — iOS in the EU now allows alternative app stores. Setapp, AltStore, and others operate. While consumer adoption has been modest, the structural change matters for app distribution economics.
**3. Messaging interoperability** — WhatsApp must enable cross-platform messaging with other E2E-encrypted messengers. Threema, Element, and others can theoretically interoperate (implementation has been gradual through 2024-2026).
**4. Anti-self-preferencing** — Google Shopping, Google Maps integration in search, and similar self-preferencing patterns have been substantially restricted in the EU.
For European businesses competing with gatekeeper platforms, the DMA creates real opportunities. For businesses building on gatekeeper platforms, it creates new disclosure and integration requirements.
## Penalty structure
DMA penalties are severe:
- **Up to 10% of global annual turnover** for non-compliance
- **Up to 20% of global annual turnover** for repeat infringements
- **Periodic penalty payments** of up to 5% of average daily turnover for ongoing non-compliance
- **Structural remedies** (forced divestitures or business model changes) for systematic violations
These penalties give the DMA real teeth. For a gatekeeper with €100B annual revenue, a 10% fine is €10B — meaningful even at gatekeeper scale.
## Enforcement actions in 2024-2026
The European Commission has been active:
- **Apple App Store** — multiple investigations into compliance with sideloading and alternative app store requirements; first formal non-compliance findings in 2024
- **Meta** — investigation into "pay or consent" advertising model that the Commission views as inconsistent with DMA's data combination restrictions
- **Google Search** — ongoing scrutiny of self-preferencing in vertical search results
- **Apple Browser Engine** — questions about whether the WebKit-only requirement on iOS complies with DMA
Enforcement has been steady but cautious. The Commission is establishing precedent carefully rather than rushing to maximum penalties.
## DMA's relationship to other EU regulations
The DMA is part of a broader EU digital regulation package:
- **GDPR** — protects individual privacy; DMA addresses platform power
- **DSA** (Digital Services Act) — companion regulation addressing content moderation and transparency
- **Data Act** — addresses access to non-personal industrial data
- **AI Act** — addresses AI-specific risks; DMA addresses competitive concerns about AI markets
For European businesses, navigating these overlapping frameworks requires explicit compliance mapping. The frameworks are complementary but operationally distinct.
## What 2026-2027 brings
- **Continued enforcement actions** — expect more formal non-compliance findings
- **Additional gatekeeper designations** — possibly OpenAI, Anthropic for AI markets
- **Interoperability implementation** — messaging cross-platform compatibility maturing
- **Court challenges** — gatekeepers continuing to challenge specific DMA provisions
- **DMA review** — first formal review of regulation effectiveness expected 2026-2027
The DMA is the most significant EU competition law update since the original EU competition framework was established. Its long-term impact on European digital markets is likely substantial.
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