In the ever-evolving landscape of EU digital platform regulation, the focal point is the ongoing discourse shaping the implementation of the Digital Markets Act (DMA). Set to be a pivotal legislation in the current digital policy sphere, the DMA seeks to instill contestability and fairness in digital markets, with designated gatekeeper platforms slated to reveal their compliance plans in March 2024. The European Commission, as the enforcer, holds the responsibility of assessing non-compliance and ensuring the ambitious goals of the DMA are met.
The success of implementation hinges on adhering to substantive principles such as effectiveness, proportionality, non-discrimination, legal predictability, and consistency with other EU laws, as outlined in this new CERRE report. This involves applying these principles to specific DMA obligations like choice architecture and interoperability. The report also emphasizes the need for a cooperative approach among stakeholders, including the Commission, gatekeepers, and third parties, while proposing quantitative indicators to gauge the impact of obligations on relationships between gatekeepers and third parties.
The report’s recommendations stem from an 8-month-long, multi-stakeholder initiative run by CERRE and titled the ‘DMA Compliance Forum.’ This initiative established a neutral and trusted platform fostering dialogue among CERRE members and academics, contributing to the effective and proportionate enforcement of the regulation. The report not only underscores the importance of establishing cooperative engagement but also delves into the intricacies of how the principles will be applied, the expectations from stakeholders, and how the Commission will wield its deterring powers to enforce compliance.
The proposed quantitative measurement indicators, termed output indicators, aim to provide insights into the impact of obligations without prescribing specific targets. These indicators, along with other evidence, will aid the Commission in conducting compliance assessments, ensuring a comprehensive approach to DMA enforcement.
