On 15 December, the European Commission (“Commission”) published its legislative proposals for the Digital Markets Act (“DMA”) and the Digital Services Act (“DSA”). The proposals introduce new ex ante obligations for a wide range of firms active in the digital sphere, as well as significant new competences and powers for the Commission and newly established national authorities in regulating conduct in the digital sector, including the power to impose fines. A. Digital Markets Act: regulating “gatekeepers” The draft DMA lays out certain ex ante obligations (a list of “do’s and don’ts”) for digital companies that qualify as “gatekeepers”, and vests the Commission with powers to enforce those obligations. Gatekeeper characterisation The “gatekeeper” characterisation will be accorded to any
The EU Commission publishes legislative proposals for the Digital Markets Act and the Digital Services Act to regulate conducts in the digital sector including the power to impose fines
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