EU – Review of the Digital Markets Act is underway

On 3 July 2025, the European Commission launched a public consultation to gather stakeholder views on the first review of the Digital Markets Act (DMA). Open until 24 September 2025, the consultation aims to assess the DMA’s impact since it started to apply in May 2023 and evaluate whether it remains fit for purpose to address emerging digital challenges, particularly in light of the rapid rise of AI-powered services.

DMA enforcement: Key developments

The DMA introduced a range of obligations on the major digital platforms designated as ‘gatekeepers’, with the aim of enhancing contestability and fairness in digital markets. In recent months, the Commission imposed its first non-compliance fines under the DMA, which seek to adopt a balanced approach between assertive enforcement and recognising good-faith compliance efforts.

While several contested DMA decisions are still under review by the EU courts – which will help clarify the scope and practical application of the DMA – there is a clear momentum in enforcement. This is unfolding against a backdrop of geopolitical shifts, where EU digital policy continues to be a central point of global discussion.

Four key review areas

The Commission is required to complete its review by 3 May 2026. It is focusing on four key areas to ensure the DMA remains effective and future-proof:

• Market contestability – Has the DMA effectively contributed to more contestable and fair digital markets?
• Business impact – What has been the overall impact of the DMA on business users, particularly smaller companies, as well as on end users?
• Interoperability scope – Should the scope of Article 7 of the DMA, which currently mandates gatekeepers to enable horizontal interoperability for the core functionalities of any OTT communication apps, be extended to online social networking services?
• Regulatory updates – Are revisions needed to the definition of core platform services or to the obligations outlined in Articles 5, 6, and 7 of the DMA, including their enforcement mechanisms, especially given the growth of AI systems and related services?

Enforcement powers

The Commission has far-reaching investigatory powers under the DMA. During inspections (dawn raids), the Commission can access and demand explanations about IT systems, algorithms, data-processing methods, and business practices. External auditors or experts may accompany these on-site visits to support data collection and conduct forensic searches (see here).

This consultation provides a critical opportunity to influence the continued development of digital markets in the EU, especially at a time when the Commission has a desire to increase efficiency, simplify existing regulations as well as encouraging growth and the continued development of the EU Single Market. The balance between innovation, competition, and user protection will determine the DMA's future legitimacy and effectiveness.

For more information, please contact David Wouters and Anthony Rosen.