Description

Council adopts position on "gatekeeper" qualification in DMA

On 25 November 2021, the EU Council adopted its general approach on the Digital Markets Act (DMA) proposal. The adopted text brings several amendments with regards to the “gatekeeper” designation. Firstly, the designation procedure was amended to include the definition of “active end-users” and “active business users” and to provide a methodology on how the number of users should be determined. Secondly, the procedure was amended to shorten the deadline regarding the classification of a company providing a “core service” as a “gatekeeper”. Furthermore, the Council introduced one additional obligation for “gatekeepers”, which aims to ensure that the “end-users” have the right to unsubscribe from the company’s core platform services. Finally, the compromise proposal states that the European Commission will enforce the regulation and specifies that national competition authorities would be able to conduct investigations into alleged infringements but they will have to contact the Commission regarding their findings.

Original source

Scope

Policy Area
Competition
Policy Instrument
Unilateral conduct regulation
Regulated Economic Activity
cross-cutting
Implementation Level
supranational
Government Branch
executive
Government Body
central government

Complete timeline of this policy change

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2020-12-15
under deliberation

On 15 December 2020, the European Commission submitted the Digital Markets Act (DMA) proposal to th…

2021-11-25
under deliberation

On 25 November 2021, the EU Council adopted its general approach on the Digital Markets Act (DMA) p…

2021-12-15
under deliberation

On 15 December 2021, the European Parliament approved its amended text for the Digital Markets Act …

2022-03-24
under deliberation

In a final trilogue on 25 March 2022, the European Parliament and the European Council agreed on a …

2022-07-05
under deliberation

On 5 July 2022, the European Parliament passed the Digital Markets Act outlining the thresholds fo…

2022-07-18
adopted

On 18 July 2022, the Council of the European Union adopted the Digital Markets Act (DMA) outlining …

2022-11-01
in grace period

On 1 November 2022, the Digital Markets Act (DMA) outlining thresholds for the designation of compa…

2023-05-02
in force

On 2 May 2023, the Digital Markets Act (DMA) outlining thresholds for the designation of companies…

Key regulatory dimensions

Regulated subjects

The businesses, government agencies or individuals affected by this policy or regulatory change.
producer / supplier
1
Type Private organisation
Economic activity cross-cutting
Category All

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.
financial asset (any type): sale
Regulatory tool
Regulator reporting requirement
Regulator notification requirement
Audit requirement
Sanctions
Fine
Regulated subjects
1
all goods (physical or digital): sale
Regulatory tool
Regulator reporting requirement
Regulator notification requirement
Audit requirement
Sanctions
Fine
Regulated subjects
1
advertisement (any targeting): operate
electronic messages (any form): hosting (any form)

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.

financial asset (any type): sale

all goods (physical or digital): sale

advertisement (any targeting): operate

electronic messages (any form): hosting (any form)