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EU: DMA enters into force

The European Commission issued, on 31 October 2022, a press release reminding of the entrance into force, on 1 November 2022, of Regulation (EU) 2022/1925 of 14 September 2022 on Contestable and Fair Markets in the Digital Sector and Amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) ('DMA'). In particular, the Commission detailed that the DMA will put an end to unfair practices by companies that act as 'gatekeepers' in the online platform economy, by defining a series of obligations said companies will need to comply with, such as the prohibition to engage in certain behaviours.

Moreover, the Commission outlined that, following its entrance into force, the DMA will now move into its implementation phase and start to apply as of 2 May 2023. After that, the Commission continued, within two months and at the latest by 3 July 2023, potential gatekeepers will have to notify their core platform services to the Commission if they meet the thresholds established by the DMA.

Subsequently, the Commission noted that it will have 45 working days to make an assessment as to whether the undertaking in question meets the aforementioned thresholds and to designate them as gatekeepers, and specified that for the latest possible submission, a decision will be made by 6 September 2023. As a last step, the Commission provided that, following their designation, gatekeepers will have six months to comply with the requirements in the DMA, at the latest by 6 March 2024.

Notably, the Commission advised that it is working on an implementing regulation that contains the provisions on the procedural aspects of notification.

You can read the press release here.