Google, Apple and other tech giants expected to challenge Digital Markets Act: EU judge

Google, Apple and other tech giants expected to challenge Digital Markets Act: EU judge

Google, Apple and other tech giants expected to challenge Digital Markets Act: EU judge

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Tech giants are likely to challenge a new European Union law aimed at limiting their power with the first cases of a potential wave of litigation expected by the end of the year, one of the leading figures said on Friday. EU judges.


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 – the companies that control access to data and the platform – are subject to a list of do’s, such as making their messaging services interoperable, and don’ts, including not favoring their products and services on their platforms.

The list of controllers to which DMA will apply is due to be announced on September 6 and will likely include Alphabet’s Google, Meta, Amazon, Apple and Microsoft.

Those who disagree with the label and the requirements are likely to file a complaint with the Tribunal de Luxembourg within months, said its president Marc van der Woude.

The General Court is part of the Court of Justice of the European Union (CJEU) and deals with cases ranging from competition law to trade and the environment.

“Probably at the end of this year, beginning of next year, we could see the first cases and I don’t think it will stop,” he told a conference organized by the Commission. European.

Some, like Google and Apple, have lobbied intensively against DMA.

“We remain concerned that certain provisions of the DMA will create unnecessary privacy and security vulnerabilities for our users while others will prohibit us from charging for the intellectual property in which we invest heavily,” he said. he stated in March 2022.

Google echoed those sentiments and said it’s also worried the new rules will reduce 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 of execution. So, if I can call it that, it will be a lawyer’s paradise,” he said. he declares.

He said the areas of dispute will likely focus on the designation of the custodian, the specifications of their obligations and when applying the DMA.

One contentious area will likely be the requirement for custodians to notify the Commission of their acquisitions and whether those deals meet the regulatory review threshold, van der Woude said.

© Thomson Reuters 2023

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