One of the EU’s top judges said on Friday that tech giants challenging a new EU law aimed at improving their power will deal with the first cases in a possible wave of litigation by the end of the year.
The Digital Markets Act (DMA), which came into force in November, will classify online platforms with more than 45 million users as gatekeepers, among other criteria.
Gatekeepers – companies that control data and platform access – are subject to a list of do’s, such as making their messaging services interoperable, and not favoring their products and services on their platforms.
The list of gatekeepers implementing DMA is due to be announced on September 6 and is likely to include Alphabet’s Google, Meta, Amazon, Apple and Microsoft.
Its president Marc van der Woude said those who disagree with the label and requirements can take their complaint to the General Court in Luxembourg within months.
The General Court is part of the Court of Justice of the European Union (CJEU) and deals with matters ranging from competition law to business and the environment.
“Maybe at the end of this year, early next year we may see the first cases and I don’t think it will stop,” he told a conference organized by the European Commission.
Some, such as Google and Apple, have lobbied intensively against DMA.
“We are concerned that some provisions of the DMA will create unnecessary privacy and security vulnerabilities for our users, while others will prevent us from charging for intellectual property in which we own a great deal,” it said in March 2022.
Google has echoed those sentiments, and said it was also concerned that the new rules could stifle innovation.
But van der Woude said DMA is still evolving.
“It is a living organism, this DMA, it is under constant review, the obligations will be reviewed and the Acts will be implemented. So if I may say it like this, it will be a lawyer’s paradise,” he said .
He said areas of contention will likely focus on the gatekeeper designation, the specifics of their obligations, and the course of enforcement of the DMA.
Van der Woude said gatekeepers in a controversial sector are required to notify the commission of their acquisitions and whether such deals meet the threshold for regulatory scrutiny.
© Thomson Reuters 2023
