On 2 May 2023, the Regulation on contestable and fair markets in the digital sector (Digital Markets Act), including mergers and acquisitions notification requirement, was implemented. The Act requires “gatekeepers” to notify the European Commission about their intent to merge or acquire another company providing “core platform services” or other digital services, even if that acquisition does not meet the threshold in the EU merger regulation. The DMA defines “gatekeepers” as the companies providing “a core platform service” (such as browsers, messengers or social media) that operate in three or more member states and have more than 45 million monthly “end users” and 10'000 “business users”. Furthermore, such companies must have an annual turnover of over EUR 7.5 billion or at least EUR 75 billion of market capitalisation.
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