Gutermuth Quoted in GCR on the Implementation of the EU’s Digital Markets Act

Antitrust partner Axel Gutermuth was recently quoted in the Global Competition Review (GCR) article, “EU’s Digital Markets Act faces first challenges.” The article discusses recent challenges from Meta and TikTok related to the EU’s decision to designate these companies as “gatekeepers” under the Digital Markets Act (DMA). Overall, the EU designated six companies as “gatekeepers,” meaning those companies must ensure their core platform services are in compliance with the DMA’s new rules intended to protect competition in the online economy by March 2024.

While Meta and TikTok have formally challenged their designations, other companies that received the gatekeeper designation, including Google and Microsoft, have indicated they won’t be challenging the decision. This is a “positive sign” for the DMA, Gutermuth told GCR, and is “an encouraging sign that gatekeepers can constructively interact with the commission on the DMA.”

Gutermuth cautioned that companies designated as gatekeepers could launch additional appeals after the DMA requirements become fully operational. As a result, the compliance phase of the DMA might be a better barometer for assessing its success, he said.

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