The Digital Markets Act (DMA), presented by the European Commission on 15 December 2020, would constitute a new ex ante regulatory framework for digital platforms designated as gatekeepers.

Its overall objective is to address market failures and unfair conduct by gatekeeper platforms to promote a fair and contestable online platform environment.

The DMA would:

• Apply to providers of eight categories of digital services that are designated as gatekeepers. Gatekeeper designation would be based on a combination of quantitative and qualitative criteria.
• Make gatekeepers subject to a long list of obligations (e.g. data access obligation) and prohibitions (e.g. ban on self-preferencing), many of them inspired by past and ongoing antitrust investigations.
• Give sweeping powers to the Commission to enforce the DMA, as well as to develop key provisions. EU member states would advise the Commission through the Digital Markets Advisory Committee.
• Include fines of up to 10% of the gatekeeper’s global annual turnover for infringing its obligations. Systematic infringements could lead to additional behavioural or, as a last resort, structural remedies.

Cullen International has just published a new Tracker, which is structured around four modules, providing detailed descriptions of the different parts of the DMA:

• objectives and scope;
• gatekeeper designation;
• obligations and prohibitions; and
• enforcement and governance.

The Tracker will be updated regularly to follow all relevant developments around the draft DMA.

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