La European Commission announced today a list of six major platforms, included A (Google) Amazon, Apple , ByteDance (Tiktok), Meta (Facebook) and ecosystem, which will be subject to strict rules in the context of the Digital Markets Act. These rules are aimed at guaranteeing free access to the market and represent a declared attempt to better control the development of the Internet.
The list of six behemoths was announced after a month-and-a-half review following notification of their potential role as “gatekeeper". Samsung was not included in the final list with respect to previous notifications.
The platforms involved they operate in eight different sectors for a total of 22 platforms: social networks (Tiktok, Facebook, Instagram, Linkedin), intermediation services (Google Maps, Google Play, Google Shopping, Amazon Marketplace, App Store, Meta Marketplace), video sharing (Youtube), communication systems (WhatsApp and Messenger) the advertising sector (Google, Amazon, and Meta), operating systems (Google Android, iOS, Windows PC OS), search systems (Google Search) and navigation programs (Chrome and Safari).
The rules for gatekeepers
The six companies designated by the European Commission will have to follow one set of rules to ensure full compliance with the obligations under the Digital Markets Regulation. Six months to adapt to the new regulations (no later than 6 March 2024.). The six companies designated by the European Commission will be obliged to allow interoperability with third party companiesbut will not be able to favor their own services at the expense of competing services.
Gatekeepers are also obliged to inform the EU executive in the case of mergers and acquisitions.
Penalties in case of infringement
In case of infringement of the law on digital markets, the Commission will be able to impose fines and fines of up to 10% of a company's worldwide turnover and up to 20% for repeat offenders.
The European Commission will monitor the implementation and compliance with the obligations foreseen for the "gatekeepers". In the event that one of these companies fails to comply with these obligations, the Commission may impose sanctions or fines up to 10% of a company's worldwide turnover and up to 20% in the event of a repeat offense. If there are systematic violations, the Commission can adopt additional measures, such as the obligation for the "gatekeeper" to sell part of his company or the prohibition to acquire other services related to systematic violations.
EU, Breton: "Today is D-Day for the DMA"
The European Union thus becomes the first jurisdiction in the world to undertake such an extensive attempt to regulate e check the development of the Internet.
The internal market commissioner rejoices Thierry breton, one of the promoters of the initiative: "Today is D-Day for the Digital Markets Acts, the most influential online companies will now have to comply with our EU rules". “The new regulatory framework will open the doors to the Internet – explains Breton in a video – With today's designation we are finally calling into question the economic power of the largest companies in the sector, offering more choice to consumers and creating new opportunities for small companies innovative. It was time for Europe to set the rules of the game in advance, to ensure that digital markets are fair and open”.
Microsoft and Apple call for review of gatekeeper role
Meanwhile, the European Commission has launched investigations into Microsoft and Apple, as both companies believe they do not meet the requirements to be considered "gatekeepers of the market".
There are three main quantitative criteria for considering a company as a "gatekeeper":
- A company must generate a certain annual turnover in the European Economic Area and offer a basic platform service in at least three EU Member States.
- The company must provide a basic platform service to at least 45 million monthly active end users in the EU and at least 10.000 yearly active business users in the EU.
- The company must have met the second criterion in each of the past three years.
