The New Digital Markets Act – With Great Power Comes Great Responsibility

On 15 December 2020, the European Commission (the “Commission”) published its much anticipated reform package for digital services. While the Digital Services Act (the “DSA”) (see here our recent briefing), creates EU-wide obligations applicable to all digital services providers (with enhanced obligations for “very large online platforms”), the proposal for a Digital Markets Act (the “DMA”) will apply solely to large online platforms with “gatekeeper” status. By proposing new ex-ante regulation, according to the Commission, the purpose of the DMA is “preventing gatekeepers from imposing unfair conditions on businesses and consumers and at ensuring the openness of important digital services.”

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