The Digital Markets Act (DMA) - a BusinessEurope position paper

Key messages

• We agree with the intentions of the DMA to harmonise rules to ensure contestable and fair markets in the digital space where gatekeepers are present.
• No contradiction between the DMA and ex-ante rules enacted by Member States should exist, it should remain without prejudice to existing EU Competition Law. The DMA should apply and be enforced extraterritorially.
• Appropriate and clear criteria are needed to legally define what a gatekeeper is to legally understand who is and who could potentially become a gatekeeper. We support qualitative and quantitative designation in this regard.
• We support the goals of obligations listed in Art 5 & 6. Notably those that ensure: fair access and use of data, an end to practices with lock-in/entry barrier effects or self-preferencing/discriminatory access. We support achieving greater device neutrality, interoperability, effective data portability and more online advertising transparency.
• We believe that Art 5 obligations should apply immediately without a Commission dialogue. Art 6 obligations that are susceptible of being further specified should have the option of an efficient Commission dialogue.
• We support the use of Art 9 be utilised in specific circumstances where an overriding public interest exists. This should be based on a clear description of the overriding public interest.