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EU’s Digital Markets Act flawed claims new report

by on18 September 2025

It will never stand up in court

A new study has torn into the EU’s Digital Markets Act, claiming its clunky procedures and lack of transparency are making the law nearly impossible to enforce.

The Computer & Communications Industry Association (CCIA Europe), which represents tech giants that have been moaning about the DMA since day one, commissioned the study as Brussels wraps up a public consultation on the law’s review next week.

While the lobby group still grumbles about the DMA’s “flawed and asymmetrical” obligations, the latest push is less about throwing the book out and more about demanding rules that can be followed.

The research, carried out by law firm King & Spalding, said the current rules are riddled with tight deadlines, woolly language, and a reliance on the European Commission’s ever-shifting discretion. The informal dialogues meant to sort things out end up creating more legal uncertainty, and the study warned this mess could see the Court of Justice striking down decisions.

The lack of clarity makes life miserable not just for gatekeepers and for rivals trying to use the DMA to gain access, the report argued. It warned that the fallout will be felt by businesses and punters relying on these services.

To patch things up before the DMA’s official three-year review in 2026, the study laid out eight fixes. One option would force the Commission to rubber-stamp compliance if it sits on its hands too long.

CCIA Europe, senior vice president Daniel Friedlaender said: “While we have fundamental concerns with the DMA’s flawed and asymmetrical nature, it is EU law, and our Members are fully committed to compliance. In practice, however, compliance has proven to be a guessing game. Expectations are vague from the start.”

He added: “The back-and-forth between gatekeepers and access seekers, as well as subsequent arbitration by the European Commission, is noticeably opaque. The Commission’s goalposts also keep shifting, making effective compliance extremely difficult.”

Friedlaender insisted the study offers a “constructive roadmap” to make the DMA more robust and enforceable, though Brussels bureaucrats might not appreciate the hint that their beloved law could be annulled in court.

Last modified on 18 September 2025
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