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Description

Council passes requirement regarding mergers and acquisitions for "gatekeepers" in DMA

On 18 July 2022, the Council of the European Union adopted the regulation on contestable and fair markets in the digital sector (Digital Markets Act). According to the adopted text, “gatekeepers” will have 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 will be implemented six months after its publication in the Official Journal of the European Union.

Original source

Scope

Policy Area
Competition
Policy Instrument
Merger control regulation
Regulated Economic Activity
cross-cutting
Implementation Level
supranational
Government Branch
legislature
Government Body
parliament

Complete timeline of this policy change

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2020-12-15
under deliberation

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

2021-11-25
under deliberation

On 25 November 2021, the Council of the European Union (EU) adopted its general approach on the Dig…

2021-12-15
under deliberation

On 15 December 2021, the European Parliament adopted its position on the Digital Markets Act (DMA).…

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 regulation on contestable and fair markets in th…

2022-07-18
adopted

On 18 July 2022, the Council of the European Union adopted the regulation on contestable and fair m…

2022-11-01
in grace period

On 1 November 2022, the Regulation on contestable and fair markets in the digital sector (Digital M…

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 platform intermediary: e-commerce,platform intermediary: other,platform intermediary: user-generated content,search service provider,software provider: app stores,online advertising provider,other service provider,streaming service provider,messaging service provider,infrastructure provider: cloud computing, storage and databases,infrastructure provider: other,software provider: other software
Category All
2
Type Private organisation
Economic activity cross-cutting
Category All
3
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.
service (digitally delivered): sale
Regulatory tool
Regulator notification requirement
Merger approval requirement
Audit requirement
Obligation to make customer data available to government agencies
Regulator reporting requirement
Sanctions
Merger prohibition
Fine
Regulated subjects
1 2 3
all goods (physical or digital): sale
Regulatory tool
Regulator notification requirement
Merger approval requirement
Audit requirement
Obligation to make customer data available to government agencies
Regulator reporting requirement
Sanctions
Merger prohibition
Fine
Regulated subjects
1 2 3
service (any type): sale
Regulatory tool
Regulator notification requirement
Merger approval requirement
Audit requirement
Obligation to make customer data available to government agencies
Regulator reporting requirement
Sanctions
Merger prohibition
Fine
Regulated subjects
1 2 3
corporate data (all forms): storage (any form)
Regulatory tool
Regulator notification requirement
Merger approval requirement
Audit requirement
Obligation to make customer data available to government agencies
Regulator reporting requirement
Sanctions
Regulated subjects
1 2 3
algorithm: ML/AI optimisation algorithm incl. matching, ranking, sorting: operate
Regulatory tool
Audit requirement
User or public reporting requirement
Sanctions
Regulated subjects
1 2 3

Policy change by business practice

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

service (digitally delivered): sale

all goods (physical or digital): sale

service (any type): sale

corporate data (all forms): storage (any form)

algorithm: ML/AI optimisation algorithm incl. matching, ranking, sorting: operate