📋 Tender Overview
March of this year marked one year since the implementation of the obligations under the Digital Markets Act (DMA), which aims to increase the competitiveness of the digital sector and eliminate unfair practices by companies acting as gatekeepers in the European Union's digital economy.These are the largest technology companies that have significant market power and therefore have to comply with special rules to avoid abusing their position. The first six companies (Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft) that were formally declared gatekeepers submitted their compliance reports with the DMA in March 2024, but the first formal investigations into non-compliance followed in the same month. Investigations against Alphabet, Apple and Meta The European Commission opened proceedings against Alphabet, Apple and Meta in March 2024 for suspected infringements. In the case of Alphabet and Apple, the investigations focus on preventing app developers from directing users to other payment methods outside their app stores (Google Play and App Store), in the case of Alphabet, on the alleged preference of its own services over Google search, and in the case of Apple, on the issues of choice of web browser, the ability to uninstall apps and the setting of default apps. In the case of Meta, the investigation focuses on its pay or opt-in advertising model, which, according to the European Commission, does not comply with the DMA requirements, as it does not offer users a real choice and forces them to consent to the processing of personal data without the possibility of choosing an equivalent alternative with less personalized advertising. Decision on the status of gatekeepers The European Commission conducted five in-depth market investigations in 2024 to verify whether the services of certain companies actually meet the conditions for gatekeeper status. As a result, it decided that certain Microsoft services (Bing search engine, Edge browser and Microsoft Advertising) and Apples iMessage service, despite meeting the thresholds, do not fall under the core platform services under the DMA. X Ads, TikTok Ads and the social network X were also not declared gatekeepers, which, according to the European Commission, do not represent significant access for business users to end users. In April 2024, Apple was also declared a gatekeeper for the iPadOS operating system, and in May 2024, Booking also gained this status for its online intermediation service Booking.com. List of gatekeepers and their core platform services Alphabet (Google Play, Google Maps, Google Shopping, Google Search, You Tube, Android Mobile, Alphabet's online advertising service, Google Chrome) Amazon (Marketplace, Amazon Advertising) Apple (AppStore, iOS, Safari, iPadOS) Booking (Online intermediation services) ByteDance (TikTok) Meta (Facebook, Instagram, WhatsApp, Messenger, Meta Ads) Microsoft (Linkedln, Windows PC OS) What does this mean for users and businesses? The DMA represents an important step towards creating a more balanced and open digital environment in the European Union. The aim of the measures is to ensure that companies with a strong market position do not restrict access to digital services for other providers and users. By strengthening supervision and enforcement of the rules, the European Commission aims to strengthen competition, innovation and protect the rights of consumers and businesses in the European Union. Further procedures and investigations will be key to putting these objectives into practice. For more information, see the European Commission's annual report on the implementation of the DMA in 2024.
