Analysis
Digital Competition Regime
Digital Markets Act shapes Big Tech behaviours in Europe
The Digital Markets Act changes big tech behaviours. Businesses and consumers can share feedback on proposed compliance solutions to improve them by engaging in constructive dialogue.
January 29, 2024

Christophe Carugati
Founder
The 6 March deadline for compliance with the Digital Markets Act (DMA) is approaching. The landmark European legislation mandates that gatekeeping platforms controlling access to some of the most important digital services must change how they operate in Europe. In practice, Alphabet, Amazon, Apple, ByteDance, Meta, and Microsoft must change their behaviours, allowing businesses and consumers to benefit from more competition and innovation. These changes also impact how businesses and users use digital services in Europe. As some gatekeepers have already announced changes, stakeholders can now share views on the proposed compliance solutions to improve them by engaging in constructive dialogue. This blog post is the first of a DMA Dialogue Series in the context of our DMA Dialogue Hub, delving into proposed compliance solutions and seeking consensus with stakeholders.
The proposed compliance solutions
Among the six designated gatekeepers, Alphabet, Amazon, Apple, and Meta have proposed changes to comply with the DMA.
Alphabet
Alphabet has proposed several changes. Google users will be able to consent to data-sharing across some of Google’s services and products via a consent choice screen. Currently, this screen is not available to all Google users. However, Google explains the consent requirement on Google Assistant, providing users with implications of the choice. These implications might not be understandable enough when consenting, as users lack context. Therefore, Google should offer the consent choice screen or remind users of their choice when the context requires it (e.g., when users make reservations on Google Search or Google Maps, rather than when they initially start using these services).
Google users will encounter more units with comparison websites on Google Search, like when booking a hotel. While Google has not officially announced the access conditions to these units for comparison websites, it appears, based on the units already visible on Google Search, that Google provides the same treatment to all comparison websites.
Google users will also have the option to select a default browser provider through a browser choice screen on Android smartphones and tablets, and a default search provider via a search choice screen on Google Chrome for non-Android platforms. Google offers transparent and objective access conditions. Furthermore, the design of the choice screen appears to present ample information in a neutral manner, enabling users to make their selections freely.
Finally, Google users will be able to port their data more easily to third parties. However, Google did not provide detailed information for commenting.
Amazon
News reported that Amazon is now offering Amazon users the choice to share data from Amazon Marketplace with other services, like Amazon Prime Video. Amazon did not provide detailed information about its compliance measures at this stage. However, Amazon’s commitment to address competition concerns in the Amazon Marketplace case in Europe is likely to comply with the DMA as the commitment mirrors the DMA obligations.
Apple
Apple is the only gatekeeper that has provided detailed information on its compliance solutions. In this context, this blog post only offers high-level observations of the main changes. In a separate blog post, we will soon provide an in-depth analysis of Apple’s changes, including stakeholders’ reactions.
First, Apple is changing its smartphone operating system (iOS). It allows non-Apple distribution channels, including alternative application marketplaces, browser engines, hardware and software features, and contactless payments. The changes will drive competition and innovation as Apple and non-Apple developers will attract customers based on price and quality features.
However, Apple protects the integrity of its iOS with security and privacy features applicable to all applications. According to Apple, these measures are necessary to reduce risks posed by malicious developers. The DMA empowers Apple to safeguard its iOS with necessary and proportionate privacy and security features. However, an in-depth analysis of the risk assessment conducted by Apple is required to determine the validity of these measures.
Moreover, Apple plans to educate users on options and best practices to protect them from privacy and security risks. While Apple has not released the educational materials, the explanations should be understandable, proportionate, and objective. They should not deter users from using non-Apple features through unjustified and alarming messages. Behavioural studies will be relevant in assessing the objectivity of these educational materials.
Second, Apple will also offer a browser choice screen to select a default provider when users first use Safari following new iOS updates. However, Apple did not provide detailed information on the access conditions and the design of the choice screen.
Third, Apple is changing the terms of its AppStore. Application developers will be able to communicate directly with their users (e.g., payment within and outside the application, promotions) and use non-Apple payment processing services.
However, through an information screen, Apple will inform its users of the consequences of using non-Apple payment processing services (e.g., inability to request refunds from Apple). In essence, users will encounter a screen interruption each time they use non-Apple payment processing services. While these information disclosures might be justified, they could be deemed discriminatory as they specifically target non-Apple payment processing services. Furthermore, as mentioned earlier with the educational materials, the design of the information screen must not dissuade users from using non-Apple payment processing services with unjustified alarming messages.
.png)