Digital Markets Act (DMA) – Position and proposals

In the context of the current debates in the European Parliament and the Council of the EU on the Digital Markets Act, AFEP published its position and amendment proposals to the Commission’s text.

The proposal is a very good step toward a better regulation of the most structuring online platforms acting as gatekeepers. AFEP supports several of the principles raised, such as the targeted approach of the Commission, an ex-ante Regulation and a good starting list of unfair and uncompetitive practices that have to be prohibited.

However, clarifications can still be reached on the definition of core platforms services and criteria of designation to ensure a scope strictly circumscribed to gatekeepers. Articles on obligations for gatekeepers could also be amended to better reflect today’s unfair practices, such as bundling of services, self-preferencing, interoperability or most favoured nation clauses.

AFEP Position and proposals – DMA – June 2021