The EU Digital Markets Act Two Years on – a Ship in a Storm With Chances to Ride the Waves?

When the EU Digital Markets Act ("DMA") became applicable in May 2024, the European Commission ("Commission") promised to be a game changing set of new rules, "one of the centrepieces of the European digital strategy" ensuring fair and open digital markets. Two years on, whilst headlines about digital regulation continue to grab attention, the DMA’s own trajectory is shifting.

The Commission’s approach and deliverables are evolving, especially in respect of enforcement by the Commission, and early indications of some decentralization of the DMA especially via private actions. These developments create potential opportunities for digital players to shape outcomes in Europe which this alert explores.