EEA EFTA Comment on the proposal for a Digital Markets Act

The overall aim of the DMA and DSA is to create a safer market for consumers of digital services in the EEA and a level playing field for businesses everywhere.

On 10 November 2021, Iceland, Liechtenstein and Norway submitted a joint EEA EFTA Comment on the legislative proposal for a Digital Markets Act (DMA). The DMA proposal forms part of the Digital Services Act package together with the Digital Services Act (DSA). The overall aim of these two flagship initiatives from the EU is to create a safer market for consumers of digital services in the EEA and a level playing field for businesses everywhere.

The EEA EFTA States welcome the proposal for a Digital Markets Act as some large online platforms, for instance within online search, social networking or e-commerce, currently act as gatekeepers in digital markets. They fully support the overall objective of the proposal which is to harmonise rules in support of contestable and fair digital markets in the EEA.

Concerning the designation of gatekeepers, the EEA EFTA States consider that the original thresholds put forward by the Commission would best serve the proposal’s objectives, while not imposing unnecessary regulatory burden on smaller platforms.

The EEA EFTA States acknowledge that digital gatekeepers and platforms differ substantially in their characteristics and business models. Therefore, as the new obligations and prohibitions in Articles 5 and 6 are meant to apply to all gatekeepers, they would strike a note of caution if the lists of obligations were to be extended during the EU legislative process.

In the Comment, the EEA EFTA States welcome the proposed obligation to facilitate vertical interoperability. However, the EEA EFTA States believe that further measures to fully achieve contestable and fair markets should be explored. This would include horizontal interoperability allowing competing platforms access to interfaces of gatekeeper platforms.

Lastly, the EEA EFTA States believe that relevant authorities in the Member States should be more effectively involved in the monitoring and enforcement of the DMA. Therefore, in addition to the proposed Digital Markets Advisory Committee, the EEA EFTA States suggest establishing an Advisory Board in which relevant national authorities participate. This Advisory Board should work to ensure effective coordination between national authorities and the Commission.

The EEA EFTA States submitted a common position on the proposal for a Digital Services Act on 29 October 2021.

Read the full text of the EEA EFTA Comment here.

A full list of EEA EFTA Comments is available here.