The Commission earlier stated that they would be implementing the Digital Markets Act would come into effect in October.
The European Union aims to begin enforcement of the Digital Markets Act (DMA) in spring 2023. Commission vice-president for executive functions Margrethe Vestager said during the International Competition Network (ICN) conference this week, first revealed via TechCrunch. she believed that antitrust laws that introduces a brand different set of regulations designed to restrict the power to control Big Tech, could be in place as early as the end of October in this year.
“The DMA will enter into force next spring and we are getting ready for enforcement as soon as the first notifications come in,” Vestager spoke during her presentation in the ICN. According to TechCrunch, Vestager says that the Commission will be ready to take action against any violation that are committed by “gatekeepers” — a category which encompasses Meta, Apple, Google, Microsoft, and Amazon when the law takes effect.
PUSHING BACK THE DMA’S ENFORCEMENT COULD GIVE THE COMMISSION MORE TIME TO PREPARE
The DMA has yet to receive an approval final from both the Council as well as Parliament, defines gatekeepers as businesses that have a market cap that is greater than EUR75 billion ($82 billion) and operate an application or social platform with at least 45 million users per month. Gatekeepers could face sanctions up to “up to 10 percent of its total worldwide turnover in the preceding financial year” when they are found to be in violation of DMA’s regulations which can increase up to 20 percent in case of repeat offenders.
According to the DMA gatekeepers are required to wait three months to report that they are a member of the Commission Then, they will have to endure two-month waiting for an official confirmation from the EU. This waiting period, along with the delay in DMA enforcement may mean that we won’t begin fighting any real disputes among both the EU or Big Tech until the end in 2023.
“This next chapter is very exciting. It involves many preparations for the future,” Vestager explained. “It’s about establishing various new systems within the Commission… It’s about the hiring of personnel. It’s about creating for the systems of IT. It’s also about creating additional legal text on procedures, or notifications forms. Our teams are busy making these preparations, and we’re hoping to move out with the new structure shortly.”
Removing the DMA’s enforcement may give the Commission the time needed to prepare however, like TechCrunch notes the delay may also create a nexus for criticism in the event that the Commission is unable to correct any serious violations that happen between now and when the DMA is enacted.