The Credibility of the DMA’s Compliance Reports

Abstract

The institutional setting of the Digital Markets Act (DMA)1 reverses the rationale of the application of Articles 101 and 102 TFEU2 to make profound changes in digital business models. The deterrence-based framework gives way to an instrument based on cooperative engagement between private and public actors. Private undertakings, termed as gatekeepers, bear the burden of submitting compliance reports to the European Commission detailing their technical implementation of the regulation. Following the first round of compliance reports submitted by six gatekeepers in March 2024, the paper seeks to clarify their role as stemming from their practical significance. To do that, the paper sets out the legal framework and requirements surrounding the submission of compliance reports. The paper then maps out the gatekeeper’s compliance strategies and meters them against the benchmark of their credibility. By doing so, the paper considers a nuanced perspective of the procedural yardstick the enforcer should apply in its future enforcement action.