Author: Robert Klotz (Steptoe Antitrust Blog)
The European Commission continues to emphasise the important role of “business users” in the Digital Markets Act (DMA). Business users are at the heart of the DMA and are emphasised in Article 1(1): “The objective of this Regulation is to contribute to the proper functioning of the internal market by laying down harmonised rules that guarantee a competitive and fair market for all businesses in the digital sector across the EU where gatekeepers exist, to the benefit of business users and end users.”
The designation of gatekeepers in Article 3 and the review of gatekeeper status under the DMA in Article 4 are based on criteria related to the presence of business users. The DMA prioritizes the interests of third parties who are primarily business users. Articles 5 and 6 of the DMA impose restrictions on gatekeepers that are specifically designed to protect business users. Furthermore, Article 12 deals with the obligation to update gatekeepers, with section 5 allowing for renewal if adverse effects on business users are identified.
The prominent mention of business users in the DMA's preamble highlights the high level of protection and enforcement put in place for their benefit. The DMA provides a range of legal tools for business users to strengthen their legal and business position vis-à-vis the gatekeepers. These tools have already been leveraged by some business users with notable success, a trend that is expected to continue and accelerate in the coming months…
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