Tech behemoths dubbed the 'Big Six' by the EU are now under regulatory scrutiny, facing rules they must adhere to.
The European Union's Digital Markets Act (DMA), effective as of May 2022, is set to impose significant changes on large digital gatekeepers such as Samsung, Microsoft, and Apple [1][3]. The aim is to foster fairer competition, user choice, and interoperability across digital markets.
Key Implications and Potential Changes
Email services could face obligations to ensure interoperability, giving users more freedom to switch providers and integrate services without lock-in. Although the DMA does not single out email explicitly, it aims to reduce gatekeeper control of essential communication channels [1].
Samsung’s Internet Browser and ecosystem could be subject to DMA provisions requiring openness and interoperability. If Samsung qualifies as a gatekeeper, it must follow rules preventing self-preference, allow data portability, and provide fair access to competitors [1][3].
As a designated gatekeeper, Microsoft must not discriminate against competitors and must enable interoperability with rival cloud platforms. This may require Microsoft to open APIs or allow users seamless data movement between services such as OneDrive and Google Drive alternatives within the EU [1][3].
Since search engines and browsers are core gateways for users online, Bing and Edge fall under gatekeeper scrutiny. The DMA requires these services to avoid favouring their own services or excluding competitors, enforce transparency, enable user choice, and respect data portability mandates [1].
Microsoft Advertising must comply with restrictions on combining user data across services without consent, ensuring no anti-competitive data aggregation happens. The DMA enforcement against Meta for advertising practices illustrates the Commission’s strict approach to ad services under the regulation [4].
Apple faces DMA obligations to open its ecosystem, such as permitting sideloading of apps outside of the App Store, giving users more control over installed apps, and avoiding anti-competitive restrictions. This aligns with prior fines for App Store restrictions and ongoing enforcement aimed at increasing openness of Apple’s platform within the EU [1][4].
Structural Shift in Operational Practices
The DMA’s enforcement creates a structural shift in how these major tech players operate in Europe, enforcing interoperability, non-discrimination, transparency, and user empowerment. The European Commission continues to consult stakeholders for further refinements, with potential additional rules emerging through the related Digital Fairness Act under development [2][3][5].
The DMA is part of a wider, increasingly stringent EU digital regulatory framework aiming to rebalance market power among large gatekeepers and improve consumer protection and innovation in digital markets [1][3].
Notably, the EU has not listed Samsung Internet Browser or Samsung as one of the major gatekeepers.
[1] European Commission. (2022). Digital Markets Act. Retrieved from https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12527-Digital-Markets-Act
[2] European Parliament. (2021). Digital Markets Act. Retrieved from https://www.europarl.europa.eu/legislative-training/en/parl-train-en/20210506T100000/Digital-Markets-Act
[3] European Data Protection Board. (2021). Digital Markets Act. Retrieved from https://edpb.europa.eu/our-work-docs/our-documents/consultations/digital-markets-act_en
[4] European Commission. (2021). Proposal for a Regulation of the European Parliament and of the Council on contestable and fair markets in the digital sector (Digital Markets Act). Retrieved from https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12527-Digital-Markets-Act
[5] European Parliament. (2021). Digital Services Act. Retrieved from https://www.europarl.europa.eu/legislative-train/en/20210525T100000/Digital-Services-Act
- In compliance with the Digital Markets Act (DMA), tech giants like Samsung, Microsoft, and Apple could be forced to promote interoperability and fairness, similar to Gizmodo's tech coverage, in their future digital services and markets as a means to curb monopolistic practices.
- The DMA's emphasis on interoperability and fair competition transcends specific technology domains, aligning with the broader objective of fostering innovation and promoting user choice in the tech sector, similar to the role of technology in shaping the future.
