In the Digital Markets Act (DMA), the European Commission is placing a strong emphasis on the importance of “business users” within the legislation. Business users play a central role in the DMA, as highlighted by Article 1(1) which aims to ensure fair and competitive markets in the digital sector for the benefit of both business users and end users.
Under Article 3, gatekeepers are designated based on criteria related to the presence and impact of business users. The evaluation of their status under Article 4 is also based on these criteria. The DMA prioritizes the interests of third parties, particularly business users, with Articles 5 and 6 imposing specific restrictions on gatekeepers to protect these users. Furthermore, Article 12 outlines updating obligations for gatekeepers, allowing for updates if negative impacts on business users are identified.
The DMA’s recitals emphasize the level of protection and enforcement measures introduced for the benefit of business users. The Act offers legal tools for business users to strengthen their legal and business positions in relation to gatekeepers. Some business users have already taken advantage of these tools, leading to significant results. It is expected that this trend will continue and gain momentum in the months ahead.
Overall, it appears that the DMA is shaping up to provide robust support and safeguards for business users in the digital sector, aiming to create fair and competitive market conditions across Europe.
