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activities/dma/dma.en.xhtml
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designated authority identifies subjects who will fall under the scope of
the regulation. However, unlike telecom law, which charges national
regulatory authorities, enforcement is centralized on the European
Commission. Besides, differently from competition law, the Commission
imposes remedies on them in advance and not after long and lengthy
antitrust procedures. For that, the Commission was granted significant
legal powers for enforcing the obligations.
Commission. The Commission can investigate (Art. 16) whether a company
should be designated as a gatekeeper and its compliance, as well as update
the list of obligations. The Commission can also impose fines up to 10% of
the gatekeeper's yearly turnover or periodic penalty payments up to 5% of
the average daily worldwide turnover (Arts. 30-31).
</p>
<p>
End-users, competitors and other organisations can collaborate in the enforcement
of the DMA by informing national regulatory authorities about illegal practices
by gatekeepers. The regulators can communicate the Commission to start proceedings.
</p>
<figure class="no-border">
<img
src="https://pics.fsfe.org/uploads/medium/6b5043bde262be066db2e6e8f24e7814.png"
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</figcaption>
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<p>
Companies falling under the quantitative thresholds of gatekeeper
designation criteria (Art. 3(2)) should automatically notify the
Commission, which will identify the services and products that will
be regulated. The Commission can also conduct an investigation and
designate further companies as gatekeepers that meet the qualitative
criteria of Art. 3(1).
</p>
<p>
Gatekeepers should provide audit reports to the Commission on the measures
implemented within 6 months after their designation (Art. 11(1)). The DMA
contains anti-circumvention provisions in Art. 13(4) forbidding
gatekeepers to engage in behaviour that undermines the effective
implementation of the obligations.
</p>
<p>
The DMA provides the EC with a market investigation tool (Art. 16) to
examine whether a company should be designated as a gatekeeper, to
investigate non-compliance by gatekeepers, and to update the list of
services and the obligations. In case of non-compliance, the gatekeepers
the possibility to offer commitments to end further proceedings. The
Commission can impose fines up to 10% of the yearly turnover and, in case
of systematic non-compliance, refusal to give information, etc. periodic
penalty payments up to 5% of the average daily worldwide turnover (Arts.
30-31).
</p>
<p>
An important element for private enforcement is located in Art. 27 which
grants any third party (including business, end-users and competitors) the
ability to inform the regulatory national authority about any gatekeeper
practice or behaviour that falls within the DMA’s scope.
</p>
<h2 id="dma-concerns-fs">DMA's implementation and Free Software</h2>
<p>
The monopolistic power of large tech corporations causes distortions on
digital markets affecting negatively end-users’ rights and control over
devices. User freedoms relating to Free Software depends on a political
User freedoms relating to Free Software depends on a political
and economic environment in which they can exercise their free choice
when using their devices without being stuck in closed environments under
control of gatekeepers. Digital markets will benefit with DMA regulating
control of gatekeepers. Digital markets can benefit with DMA regulating
the commercial practices of large platforms, forcing them to facilitate
access to Free Software in devices. Device Neutrality translates in the
DMA as stricter consent rules for pre-installed apps, safeguards against
vendor lock-in, and data portability. The right for end-users to use their
own device and operating system is an important factor to guarantee access
of Free Software operating systems to dominant platforms. As a daily
reality for many users, this option enlarges the audience for Free Software
adoption. However, the future holds challenges for the practical
implementation of the DMA rules and ultimately Device Neutrality.
access to Free Software in devices. Nevertheless, the DMA still falls short
in some aspects involving Open Standards, the pressure gatekeepers can exercise
over decision makers and complex digital enviroments.
</p>
<figure class="no-border">