Digital Markets Act — Regulation (EU) 2022/1925

Overview

The regulation aims to contribute to the proper functioning of the internal market by laying down harmonised rules ensuring contestable and fair markets in the digital sector across the Union where gatekeepers are present. (Art. 1)

The regulation applies to core platform services provided or offered by designated gatekeepers to business users established in the Union or end users established or located in the Union, irrespective of the place of establishment or residence of the gatekeepers. (Art. 1 Art. 2)

Key points

• Gatekeepers must comply with specific prohibitions regarding data combination, cross-use, and tracking without consent, as well as restrictions on anti-steering and unfair commercial conditions towards business users. (Art. 5)
• Gatekeepers must allow effective un-installation of software applications, switching of default settings, installation of third-party app stores, and interoperability with hardware and software features. (Art. 6)
• Gatekeepers providing number-independent interpersonal communications services must make their basic functionalities interoperable with competing providers upon request and free of charge. (Art. 7)
• Gatekeepers must ensure and demonstrate compliance with their obligations, submit compliance reports, establish an independent compliance function, and inform the Commission of intended concentrations. (Art. 8 Art. 11 Art. 14 Art. 28)
• The Commission is empowered to investigate markets, conduct inspections, request information, impose interim measures, and penalize infringements with fines up to 20% of total worldwide turnover. (Art. 21 Art. 23 Art. 24 Art. 30)

Structure

The regulation is organized into chapters covering subject matter, scope and definitions; gatekeeper designation and review; gatekeepers' obligations limiting unfair practices; market investigations; investigative, enforcement and monitoring powers; and final provisions.