European Union: Agreement between EU Parliament and Council on regulatory categorisation of "gatekeeper" in DMA

In a final trilogue on 25 March 2022, the European Parliament and the European Council agreed on a provisional text for the Digital Markets Act (DMA), which will now have to be approved by the Council and the European Parliament. The text defines as “gatekeepers” 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. When a company respects all such criteria, it is obliged to contact the EU Commission, submit information on its position of gatekeeper and provide an audited description of any implemented techniques for profiling consumers.