n°5/2026 Free Edition
DMA in Action
Competition enforcement faces political interference more than ever. Politicians should leave antitrust to the experts.
May 18, 2026

Christophe Carugati
Founder
Foreword
The European Digital Markets Act (DMA) is gaining traction. Two years after its entry into force, the Commission published its first review report. It concludes that the flagship digital competition regime is functioning effectively and has already delivered tangible outcomes, including greater user choice over web browsers through browser choice screens. Looking ahead, the Commission is expected to place greater emphasis on cloud services and artificial intelligence (AI).
The Commission already plays an active role in shaping AI markets. Its specification proceedings on Google’s data sharing and on Google Android interoperability aim to ensure that third-party AI developers can benefit from these requirements. These initiatives directly influence competitive dynamics in a sector characterised by rapid innovation and intense rivalry. The Commission is also examining competition issues in cloud services, whereby AI is shaping competition dynamics in the sector.
I will be in Brussels on 3–4 June to speak on AI partnerships at a conference. Please feel free to reach out if you would like to meet to discuss the DMA, cloud services, or AI.
My Work
Submission: Submission to the European Commission on the proposed measures for interoperability with Google Android (Article 6(7) of the DMA)
The Commission’s measures on Google’s interoperability with AI services require safeguards to preserve innovation, protect end users and app developers from privacy and security risks, and ensure implementation through a forum. The submission
Submission: Submission to the European Commission on the Proposed Measures for Google Search Data Sharing (Article 6(11) of the DMA)
The Commission’s proposed measures for Google’s search data sharing with third-party online search engines require further calibration to preserve competition in data collection, protect user privacy, and ensure fairer pricing. The submission
Submission: Submission to the Competition and Markets Authority’s Call for Evidence on Steering Restrictions
Steering restrictions prevent developers from directing users to transaction options outside their app. Should the CMA intervene, it should define only the constitutive elements of fees and design choices and ensure international alignment. The submission
Featured Report: Preserving Competition in Answer Engines Under the Digital Markets Act
Answer engines are the evolution of general search. In Europe, the Digital Markets Act shapes this competition and requires the Commission to clarify access and self-preferencing rules while ensuring regulatory consistency. The report
Training: AI Agents and Competition
The AI agents and Competition Training delves into the competition implications of AI agents, both upstream and downstream, to help tech firms, law firms, and economic consulting firms build the expertise needed to navigate these emerging challenges. The training
Conference: Discussing Mergers and Partnerships in the AI Sector
I will speak about mergers and partnerships in the AI sector at the Thought for Leaders conference in Brussels on 3 June, alongside Niklas Maydell (Weil), Sergey Khodjamirian (RBB Economics), and Victoria Yuan (Bristows). The conference
News
Generative AI
Japan releases report on generative AI
Building on its initial findings, the Japanese competition authority has published a new report on generative AI, identifying several competition concerns across the AI value chain, including tying and self-preferencing. The report
Microsoft/OpenAI and Amazon/OpenAI partnerships
Microsoft and OpenAI have amended their strategic partnership, allowing OpenAI products to be made available on alternative cloud providers. In parallel, Amazon and OpenAI have expanded their collaboration to enable access to OpenAI products on AWS, following adjustments to Microsoft’s agreement. These evolving arrangements may raise complex issues for competition authorities in assessing dynamic partnerships and their impact on the functioning of the AI sector. Microsoft/OpenAI. Amazon/OpenAI
Google updates AI Overviews
Google has enhanced its AI Overviews with new features that improve links to original sources. It also facilitates access to content from users’ news subscriptions. According to Google, users are more likely to click on content clearly identified as part of their subscriptions. Google
Adobe finds that AI drives more and higher-quality traffic
A study by Adobe shows that traffic from AI sources (“AI traffic”) is increasingly contributing to retail websites in the United States, with both higher volume and improved quality compared to non-AI traffic.
In the first three months of 2026 (January–March), AI traffic to U.S. retail sites increased by 393% year on year. Beyond volume, AI traffic also appears to be of higher quality. In March 2026, conversion rates from AI traffic were 42% higher than those from non-AI traffic. Engagement rates also improved, with AI traffic showing a 12% higher engagement rate compared to non-AI traffic. The study
Digital Competition Regimes
Commission publishes first DMA review
The Commission has published its first review of the DMA, two years after its entry into force. It concludes that the regime is functioning effectively and has already delivered tangible benefits for end users and business users. While it does not recommend immediate reform, the Commission signals continued close monitoring of cloud and AI markets. Notably, the accompanying staff working document explicitly links the DMA to EU competitiveness, innovation, and technological sovereignty, reinforcing its role as an industrial policy instrument. The review
Commission consults on specification proceedings for Google Search and Google Android
The Commission has published proposed measures to specify Google’s obligations regarding search data access and interoperability with Google Android. These proceedings already extend into AI-related areas by enabling AI chatbots to request access to search data, and by allowing third-party developers to access hardware and software features used by Google’s AI services, including on-device models. They illustrate how the DMA is being applied to AI services without requiring additional designations or new obligations. At the same time, the approach raises questions of proportionality, particularly given compliance costs and potential effects on third-party commercial arrangements, such as those between device manufacturers and model developers. My submission on Google data sharing. My submission on Google Android interoperability
European Parliament adopts DMA resolution
The European Parliament has adopted a resolution calling for stronger enforcement of the DMA, with a particular focus on cloud and AI services. The resolution
Commission holds roundtables on cloud computing services
As part of its ongoing market investigation into cloud services, the Commission is organising thematic roundtables covering (i) interoperability between cloud services and related technical features, (ii) financial conditions in cloud procurement, and (iii) contractual conditions between providers and customers. The sessions will take place on 1 July by invitation. I am happy to engage with interested stakeholders to assist them on these issues as I continue researching the application of the DMA to cloud services and the interaction between cloud infrastructure and AI markets. The roundtables
UK CMA launches market investigation into Microsoft’s business software ecosystem
The UK Competition and Markets Authority (CMA) has opened a market investigation into Microsoft’s business software ecosystem under the DMCCA regime. It will examine competition concerns, including bundling, interoperability constraints, and default settings, particularly where these may affect competition in AI-related markets. I am available to engage with stakeholders on these issues as part of my ongoing work on competition in AI markets. The investigation
Antitrust
Turkey initiates a report on digital markets
The Turkish competition authority has initiated a report on digital markets while it continues to consider introducing a dedicated digital competition regime. The report will review enforcement approaches in other jurisdictions under both competition and dedicated digital competition regimes and assess potential policy options. The announcement
Merger
Commission publishes draft merger guidelines
The Commission has published revised merger guidelines consolidating its approach to horizontal and non-horizontal mergers into a single framework. In digital markets, the guidelines explicitly recognise the relevance of non-price parameters such as privacy (as I defended in my PhD thesis 6 years ago…). The consultation remains open until 26 June 2026, and I am available to assist stakeholders in responding. The draft merger guidelines

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