The European Parliament ("EP") and Council formally adopted the Digital Markets Act ("DMA") in July 2022, imposing new behavioral obligations on large digital platforms qualifying as "gatekeepers." The final agreement introduces several changes compared to the initial proposal detailed in our January 2021 Commentary, the most significant of which are: increase in the thresholds that qualify a business as a gatekeeper; the addition of web browsers and virtual assistants to the list of core platform services; additional behavioral obligations, including an interoperability requirement for messaging services; and new sanctions for systematic violations such as a temporary ban on a gatekeepers mergers and acquisitions.
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