The role of business users within DMA

The European Commission continues to emphasize the important role of ‘business users’ under the Digital Markets Act (DMA). Business users play a key role in DMA, as highlighted in Art. 1 section 1, which states: “The objective of this Regulation is to contribute to the proper functioning of the internal market by establishing harmonized rules to ensure that all businesses have competitive and fair gatekeeper-led digital markets across the Union, to the benefit of business users and users final.

Appointment of a Gatekeeper under Art. 3 and verification of its status pursuant to Art. 4 DMAs are based on criteria related to the presence of business users. DMA gives priority to the interests of third parties, mainly business users. Articles 5 and 6 of the DMA place restrictions on gatekeepers specifically designed to protect business users. Moreover, Art. 12 concerns the duties of guards in terms of updating, and section 5 allows for updates when negative impacts to business users are identified.

The prominent mention of business users in the DMA recitals highlights the significant level of protection and enforcement introduced in their favor. DMA provides business users with various legal tools to strengthen their legal and business position vis-à-vis gatekeepers. These tools have already been used by some business users with noticeable results, and this trend is expected to continue and accelerate in the coming months…

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