A Loud American's Guide to European Regulation
The Digital Markets Act deserves pushback, and maybe a dash of scorn
According to the Financial Times, the European Commission is pausing and reassessing Digital Markets Act investigations into Apple, Google, and Meta:
Brussels is reassessing its investigations of tech groups including Apple, Meta and Google, just as the US companies urge president-elect Donald Trump to intervene against what they characterise as overzealous EU enforcement.
The review, which could lead to the European Commission scaling back or changing the remit of the probes, will cover all cases launched since March last year under the EU’s digital markets regulations, according to two officials briefed on the move.
…
“It’s going to be a whole new ballgame with these tech oligarchs so close to Trump and using that to pressurise us,” said a senior EU diplomat briefed on the review. “So much is up in the air right now.”
Reading this headline reminded me that I gave a pretty sassy speech at an antitrust event last year about the DMA. I thought you might enjoy reading a revised version of those remarks. So here we go….
Touring the DMA: A Loud American’s Guide to Brussels Bureaucracy
Welcome, fellow travelers, to this whirlwind tour of the European Union’s Digital Markets Act (DMA). I’ll be your guide, but fair warning: this isn’t some dry, droning lecture reciting articles and clauses like the EU’s most boring museum exhibit. No, this is the opinionated, loud, and occasionally inappropriate tour that only a boorish American can provide. So come with me. Lay aside your Constitution and cost-benefit analysis. Fly across the Atlantic with me to Brussels, where the continent’s brightest minds are hard at work regulating things Americans have only just barely invented.
Stop 1: WHERE
Our journey begins in the European Union—a “supranational political and economic union of 27 member states.” Translation: a collection of countries that spent centuries trying to kill each other and now work together… mostly to create paperwork. Truly, bureaucracy unites like nothing else. Their favorite target? American tech companies.
It’s the classic “shared enemy” trope, except instead of aliens or invading armies, it’s Facebook and Google. Charming.
Stop 2: WHY
The DMA is part of the EU’s Digital Single Market (DSM) initiative, which aims to harmonize the chaotic digital patchwork of 27 nations. The dream? Increased innovation, efficiency, and productivity. The method? Regulation, because nothing screams “let’s innovate” like compliance audits.
The DMA itself complements—not replaces—antitrust laws. Its goal isn’t just undistorted competition but something more poetic: “fair and contestable markets.” If you’re wondering what that means, good news: that’s our next stop.
Stop 3: WHAT
Imagine U.S. antitrust law but with a European twist: heavy on prescriptive rules, light on defenses against them. It’s like being told you’re guilty and handed a list of penalties before you even know what you did wrong.
The DMA targets core platform services, which is Euro-speak for “everything tech giants touch.” App stores? Check. Search engines? Yep. Social networks, operating systems, virtual assistants? All in. The thread connecting these? They involve computers and make money.
Here’s the twist: these rules don’t apply to everyone, just the “lucky” few designated as gatekeepers. Who are they? Funny you should ask…
Stop 4: WHO
The gatekeepers are the biggest, most successful players in tech—Alphabet, Amazon, Apple, ByteDance, Meta, and Microsoft. These companies crossed thresholds for revenue and popularity, earning themselves the regulatory equivalent of a “Congratulations, You Played Yourself” trophy.
For Europe, economic justifications, market definitions, and efficiency defenses are irrelevant. If you’re big and you’re profitable then you’re on the EU’s radar. Enjoy the spotlight.
Stop 5: WHEN
The DMA was proposed in December 2020, came into force in November 2022, and most provisions kicked in by May 2023. By March 2024, gatekeepers had to comply or face fines of up to 20% of their global revenue. Yes, global. The EU thinks big.
Stop 6: HOW
Here’s where it gets juicy. The DMA imposes a laundry list of rules, like:
No self-preferencing (goodbye promoting your own stuff).
Search choice screens for users (because users crave another pop-up).
Mandatory interoperability (yes, your messaging app has to share with Random Russian Chat Service).
Data-sharing with competitors (because who doesn’t love handing over trade secrets?).
The penalties? Up to 10% of global revenue for a single violation, 20% for repeat offenders, and if that doesn’t work, “structural remedies.” Translation: break up your company. Subtle, right?
Conclusion
And so we return to WHERE we started: Brussels. But this tour might be available in new countries soon. Like the GDPR, the DMA may inspire regulatory copycats worldwide. After all, why shouldn’t the EU’s biggest export be red tape?
For now, thank you for joining me on this tour. I hope you’ve enjoyed the sights, the sarcasm, and the reminder that in Brussels, paperwork isn’t just an activity—it’s a lifestyle.
Safe travels back to the land of innovation and progress!