A PYMNTS Company

The Role of Business Users Under the DMA

 |  June 21, 2024

By: Robert Klotz (Steptoe Antitrust Blog)

The European Commission continues to emphasize the significant role of “business users” under the Digital Markets Act (DMA). Business users are central to the DMA, as highlighted by Article 1(1), which states: “The purpose of this Regulation is to contribute to the proper functioning of the internal market by laying down harmonized rules ensuring for all businesses, contestable and fair markets in the digital sector across the Union where gatekeepers are present, to the benefit of business users and end users.”

Article 3’s designation of a Gatekeeper and the review of their status under Article 4 DMA are based on criteria related to the presence of business users. The DMA prioritizes the interests of third parties, mainly business users. Articles 5 and 6 of the DMA impose restrictions on gatekeepers specifically designed to protect business users. Additionally, Article 12 addresses updating obligations for gatekeepers, with paragraph 5 allowing for updates if negative impacts on business users are identified.

The prominent mention of business users in the DMA’s recitals underscores the significant level of protection and enforcement introduced for their benefit. The DMA provides various legal tools for business users to enhance their legal and business positions relative to gatekeepers. These tools have already been utilized by some business users with notable results, and this trend is expected to continue and accelerate in the coming months…