Since May 2024, the Belgian Competition Authority (“BCA”) is endowed with specific powers to contribute to the application of Regulation (EU) 2022/1925 on contestable and fair markets in the digital sector, better known as the "Digital Market Act" or "DMA".

The DMA imposes a series of obligations on companies designated as "gatekeepers" to "Core Platform Services" (CPS), such as, for example, online search engines, app stores or online intermediation services. These are large systemic online platforms with a significant and sustainable market position.

At this stage, the following companies have been designated as gatekeepers: Alphabet (Google, Chrome, Android, Youtube), Amazon (Marketplace, Ads), Apple (iOS, iPadOS, Safari), ByteDance (Tiktok), Meta (Facebook, Messenger, Marketplace, WhatsApp, Instagram), Microsoft (Windows, LinkedIn) and Booking (Booking.com).

Under the DMA, gatekeepers must comply with a set of rules designed to ensure that the markets on which they provide their CPS remain contestable. For example, gatekeepers may not treat their own services more favourably than similar third-party services, prohibit their users from interacting with third-party services outside their platform, or use the data they collect from their customers for targeted advertising without their consent. Gatekeepers must also ensure that their services are interoperable with competing services.

The European Commission is responsible for implementing and monitoring compliance with the DMA. It alone designates gatekeepers, qualifies services as CPS, and decides on possible non-compliance with the obligations set out in the DMA. National competition authorities, including the BCA, can however assist the European Commission by, among others, receiving complaints and investigating non-compliance with the DMA obligations. In particular:

  • The Prosecutor General may receive any relevant information and open an investigation into non-compliance with the obligations imposed by the DMA. The results of the investigation are due to be then communicated to the European Commission for further consideration and possible action.
  • The Prosecutor General is also empowered to ask the European Commission to open a market investigation in order to detect cases of non-compliance with the DMA.
  • The Prosecutor General may further request a market investigation if there is reason to suspect that an undertaking should be designated as a gatekeeper or that a service should be considered a CPS.
  • To ensure effective cooperation and coordination between the BCA and the European Commission, the BCA (i) must inform the European Commission of any investigation launched under national competition law against a gatekeeper or any measure it intends to impose on a gatekeeper; (ii) can assist the European Commission in its investigations and in the implementation of its decisions taken under the DMA; and (iii) may exchange any information, including confidential information, with the European Commission for the purposes of applying the DMA.

For contact and inquiries in relation to the DMA, please contact the BCA via DMA@bma-abc.be .

For additional information about the opportunities offered by the DMA, please see: [link to be added _ The Digital Markets Act – a short guide for tech challengers].