EU Digital Markets Act: what the decisions about opening non-compliance investigations tell us?

Abstract

Objective: this article analyzes the first decisions to open non-compliance investigations by the European Commission in the context of the DMA, aiming to identify which practices have been prioritized, what legal foundations are being applied, and the role of Articles 13(4) and 13(6), which prohibit regulatory evasion, in the enforcement strategy of the regulation. The research also explores the impact of these investigations on digital market regulation in other jurisdictions, including Brazil.

Method: the research adopts a qualitative approach, based on a documentary analysis of the European Commission’s decisions to initiate investigative proceedings. The study examines six investigations involving Alphabet (Google), Apple, and Meta, using comparative criteria between the identified practices and the DMA’s normative objectives. Additionally, it assesses the application of Articles 13(4) and 13(6) as tools to ensure the substantial compliance with the Regulation and to promote contestability and fairness in the digital market.

Conclusions: the first decisions on DMA compliance reveal that the European Commission has prioritized the examination of practices that potentially restrict the autonomy of both end-users and business users, thereby hindering contestability in digital markets. The investigations demonstrate an approach that goes beyond formal compliance, focusing on safeguarding free choice and preventing mechanisms that could compromise the effective enforcement of the regulation. The study also highlights the relevance of Articles 13(4) and 13(6), which serve as key legal bases in the decisions, enabling the Commission to counteract platform strategies that, while formally compliant, undermine the DMA’s objectives. These findings provide important insights for regulatory improvements in other jurisdictions, such as Brazil.