The European Commission published a staff working document on 28 April 2026, accompanying its report on the review of the Digital Markets Act (DMA). The document, released by DG CNECT, assesses the DMA's impact on contestability and fairness in digital markets, focusing on obligations for designated gatekeepers, reporting requirements, and enforcement procedures. It also examines the scope of the regulation in relation to cloud computing, AI services, and online social networking.
The staff working document (SWD(2026)123) is a non-legislative, analytical paper that accompanies the Commission's report to the European Parliament, the Council, and the European Economic and Social Committee. It evaluates the DMA's effectiveness since its implementation, reviewing obligations such as data access, transparency in advertising, and prohibitions on self-preferencing and bundling. The document also considers whether the current gatekeeper designations and market definitions remain appropriate, particularly in rapidly evolving sectors like cloud and AI.
Policy orientations and trade-offs The review highlights a central tension between ensuring fair competition and avoiding overregulation that could stifle innovation. On one hand, the DMA has increased transparency and reduced self-preferencing by large platforms, benefiting smaller competitors and consumers. On the other hand, some stakeholders argue that extending obligations to cloud and AI services could impose disproportionate compliance costs on emerging technologies. The document notes that the Commission is considering targeted adjustments to the DMA's scope to address these concerns without undermining its core objectives.
Impact on stakeholders - Large digital platforms (gatekeepers): Face continued compliance costs and operational changes, particularly if new obligations are introduced for cloud and AI services. The review may lead to stricter data-sharing requirements and transparency rules. - Smaller competitors and startups: Benefit from increased market access and reduced barriers to entry, as gatekeepers are prohibited from self-preferencing and bundling. However, they may face indirect costs if platforms pass on compliance expenses. - Consumers: Gain from greater choice and lower prices due to increased competition, but may experience reduced privacy if data-sharing obligations expand. - EU regulatory bodies: The Commission and national authorities will need to allocate resources for enforcement and monitoring, especially if the DMA's scope broadens to new sectors.
Expected institutional follow-up The European Parliament and the Council will now examine the Commission's report and staff working document. The Parliament's Committee on the Internal Market and Consumer Protection (IMCO) is expected to draft a resolution, while the Council may issue conclusions. Any legislative amendments to the DMA would require co-decision, with negotiations likely to focus on the inclusion of cloud and AI services and the proportionality of new obligations.
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