News Media Europe

Position paper on the Digital Markets Act (DMA)

Position papers , September 8, 2021

News Media Europe’s position on the Digital Markets Act can be accessed by clicking here.

Recommendations include:

  • Expand the obligation in Art. 6(1)k for gatekeepers to provide “fair and non- discriminatory general conditions of access” to all core platform services and not just app stores to ensure the fair treatment of business users.
  • Build on the market investigation instrument under Art. 17 to allow the Commission to impose binding and tailored codes of conduct to tackle problems related to the bargaining power of gatekeepers.
  • Introduce an obligation to stop quasi-tying in online advertising and independent oversight over certain gatekeepers decisions that raise concerns about privacy washing.
  • Consider whether a new obligation is needed to tackle questions related to the oversight of standards created and managed by gatekeepers.
  • Include web browsers and digital voice assistants in the definition of core platform service under Art. 2 to tackle problematic gatekeepers conduct in these areas.
    Ensure early access to structural remedies without a requirement of last resort by removing Art. 16(2) to avoid excessively onerous conditions.
  • Shorten the length of investigations from 6-12 to 4-8 months to ensure swift means of intervention which are important in the absence of a “new competition tool”.
  • Revise Arts. 5 & 6 to clarify the universal scope of application of the obligations.
  • Maintain the clarification in Art. 1(5) that full harmonisation under the DMA is “without
    prejudice to rules pursuing other legitimate public interests” such as media pluralism.
  • Ensure a stronger Art. 3 definition of “users” in the gatekeeper designation process, including for “active users” and “business users”.

For more information, please contact Iacob Gammeltoft.