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The EU Digital Markets Act: Ex-Ante Rules for Big Tech Gatekeepers

The EU Digital Markets Act: Ex-Ante Rules for Big Tech Gatekeepers

The {{Digital Markets Act}} (DMA) is a 2022 EU regulation that imposes up-front conduct rules on large \"gatekeeper\" digital platforms. It bans practices like self-preferencing and forced data combination, mandates interoperability and data portability, and carries fines up to 10 or 20 percent of global turnover.

The Digital Markets Act (DMA) is a European Union regulation designed to keep large digital platforms from abusing their market position. It entered into force on 1 November 2022 and became applicable on 2 May 2023. Unlike traditional antitrust, which acts after the fact, the DMA sets ex-ante rules that designated firms must follow regardless of proven harm. The law targets \"gatekeepers\": platforms with a durable, entrenched position, identified by thresholds such as roughly €7.5 billion in annual EEA turnover or about €75 billion market capitalization, at least 45 million monthly active EU users, and 10,000 yearly active EU business users, sustained over three years. In September 2023 the Commission designated six gatekeepers: Alphabet, Amazon, Apple, ByteDance, Meta, and Microsoft. Obligations and prohibitions include bans on combining personal data across services without consent, requiring businesses to offer the gatekeeper their best terms, and blocking businesses from steering users to offers outside the platform; plus duties to stop self-preferencing in rankings, allow third-party app stores and uninstallation, and enable data portability and interoperability. Gatekeepers had until 6 March 2024 to comply. Penalties are severe: fines up to 10 percent of worldwide annual turnover for a first breach, rising to 20 percent for repeated violations, alongside possible structural remedies. The first DMA fines landed in April 2025 against Apple and Meta. Because the DMA already designates Amazon a gatekeeper, scholars see it as a plausible future vehicle for constraining platform exclusivity. See Tying and Exclusive Dealing: Anticompetitive Restraints in Antitrust Law.

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