EU Commission Urged to Balance DMA Enforcement for Fair Competition
The European Commission is currently grappling with the implementation of the Digital Markets Act (DMA), with the first obligations for designated 'gatekeeper' tech companies coming into effect on September 2, 2023. As companies rush to meet the March 7 compliance deadline, concerns have been raised about the potential impact of overzealous enforcement on market competitiveness and the need for proportionate, context-sensitive approaches.
The DMA aims to promote contestability and fairness in digital markets. However, one-size-fits-all compliance solutions may not be suitable for the diverse range of services offered by different companies. The Commission is urged to respect the diversity of services and avoid requiring a 'universal solution' for specific problems across the same type of service.
Proportionate enforcement is key to ensuring fair and just treatment, avoiding unintended consequences, and adding clarity to the rules. The Commission should consider the broader legislative and policy context, as well as other EU policy and regulatory goals, to avoid potential pitfalls. This includes respecting the principle of proportionality in any enforcement action based on the DMA.
As designated gatekeepers work to meet the DMA compliance deadline, the European Commission must strive for a balanced approach that fosters the act's objectives without stifling competition or imposing undue burdens. By considering the unique aspects of each company and service, and by respecting the principles of proportionality and diversity, the Commission can help ensure the DMA's successful and fair implementation.
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