- within Technology, Consumer Protection and Antitrust/Competition Law topic(s)
June 2026 – In recent years, with the rapid expansion of digital platforms, the European Union has recognised the need to regulate digital markets and platforms supported by Big Tech companies such as Google, Meta, Apple, Amazon and Microsoft. The European Commission (“EC”) launched an initiative in 2020 aimed at the regulation of core platform services and the establishment of a fair and competitive digital market by limiting the dominance of large technology companies, commonly referred to as “gatekeepers”. As a result, the Digital Markets Act (“DMA”) was adopted in 2022.
The DMA establishes a set of clearly defined objective criteria for identifying gatekeepers. These are large digital platforms that provide “core platform services,” including online search engines, app stores, social networking services, messaging applications, operating systems, cloud services, and online marketplaces. Big Tech companies are considered gatekeepers because they control access between businesses and consumers and possess significant influence over digital markets. These companies must ensure greater interoperability between systems, allow for the easier transfer of user data between platforms, and provide fairer market access to smaller businesses. Most importantly, the DMA prohibits gatekeepers from favouring their own products and services over competitors.
One ongoing dispute concerns the EC’s suspicions that Google has breached Article 6 (11) of the DMA, with the EC alleging that Google abused its dominant position by favouring its own products and services over those of its competitors in its Google Search results. According to the EC, Google’s practices may have limited the visibility of competing services and distorted fair competition in the digital market. Reports indicate that the European Union is considering imposing a significant financial penalty on Google under the DMA framework. This case represents one of the first major attempts to directly enforce the new rules introduced by the DMA and demonstrates the EU’s intention to actively regulate the digital economy.
Supporters of the DMA say that strong regulation is necessary to provide fair conditions on the digital trade market. From their perspective, it is crucial for start-ups and small companies to be able to reach final customers. On the other hand, the DMA has faced criticism from Big Tech companies and industry experts. They argue that the regulation increases operational costs, slows down innovation, and has a negative effect on the quality of digital services.
In conclusion, the DMA represents one of the most significant legal instruments in European tech law. It demonstrates the European Union’s ambition to create equal conditions and access for all participants in the digital market. Although it remains uncertain how effectively the DMA will reshape the behaviour of Big Tech companies in the long term, it is evident that the European Union is taking an increasingly active role in balancing innovation, competition, and consumer protection within the digital economy.
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