Day: 23 March 2022

While the European digital market is dominated by a few monopolistic players, the DMA is the promise of more dynamic, open and healthy competition, which should allow innovative digital companies to develop under fairer conditions.

The DMA specifically targets gatekeepers, i.e. “gatekeepers”. As a reminder, these are digital companies in a dominant position and which control in particular the access of their users to the services of third-party companies. Recognizing their key position is key to being able to regulate them as such.

Gatekeepers indeed act as market regulators, they often impose barriers to entry, and ignore our existing European laws. OIP is particularly pleased that the entry into force of the DMA can make it possible to make, in the event of abuse, the sanctions against these gatekeepers more restrictive and dissuasive than before.

However, OIP stresses that there are still points of vigilance, in particular on the speed of application of the text as well as the use of precautionary measures. The final wording (article 22) does not seem to have taken into account the amendments of Parliament, aimed at making the standards for the application of precautionary measures better suited to their effective use. OIP recalls in this respect that the success of the DMA will necessarily depend on the ability of the European authorities to enforce it within short deadlines and, if necessary, with dissuasive sanctions.