Observed Signal · Nov 11, 2021 · Regulation · Source: OnlineMarketing.de · Impact: 3/5 · Sentiment: Neutral
EU States Align on Digital Markets Act
EU member states have reached a consensus on a draft Digital Markets Act (DMA) targeting the market power of large tech platforms such as Meta, Alphabet and Apple. The DMA would empower the European Commission to designate gatekeepers and impose stricter rules, including prohibiting self-preferencing in rankings on major online platforms. Non-compliance could trigger penalties up to 10% of global annual turnover or fines up to 5% of average daily turnover, with market investigations potentially leading to further remedies or even divestment of business lines. The final text could be adopted after official confirmation on 25 November, with the rules applying in all EU states after a short transition period. The DMA originated from a December 2020 EU Commission proposal as part of a broader online-platform regulation package. The Slovenian EU Council presidency confirmed the agreement.
EU Digital Markets Act development affecting the adtech/regulatory landscape
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Key Takeaways & Evidence Grounding
- EU member states agreed on a draft Digital Markets Act (DMA) to regulate large tech groups like Meta, Alphabet and Apple.
- DMA would empower the European Commission to designate Gatekeepers and impose stricter rules, including preventing self-preferencing in rankings.
- Penalties for non-compliance can reach up to 10% of worldwide annual turnover or up to 5% of average daily turnover; market investigations may lead to further remedies or divestment.
- Final text could be adopted after official confirmation on 25 November and would apply in all EU states after a short transition period.
- DMA was proposed by the EU Commission in December 2020 as part of a package to regulate online platforms.
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EU DMA Enforcement at Risk Amid US Trade Talks
EU DMA enforcement continues to intersect with cross‑Atlantic trade talks. The Digital Markets Act (DMA), fully in force since March 2024, targets gatekeeper platforms such as Google, Apple, Meta, Amazon, Microsoft, and ByteDance to curb unfair practices and give users more data control. In parallel, the EU Commission is negotiating a new transatlantic trade agreement with the US, with media reports that regulators are examining regulatory flexibilities in DMA enforcement and even a possible joint committee allowing US input. The Commission nonetheless stresses that rules should not be loosened to accommodate a trade deal. Stakeholder dialogues – including DMA Stakeholders Workshops with Alphabet, Amazon and Co. – aim to inform policy. Open letters from European startups and mid-sized tech firms warn against special treatment of US firms. For adtech, the stakes are high: about 75% of Germany’s digital ad spend flows to Google, Amazon, and Meta, and EU fines surpassing €700 million were imposed on Meta and Apple in spring 2025.
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