Companies designated in September 2023 had until 7 March 2024 to comply in full. On 25 March the Commission opened non-compliance proceedings against Alphabet, Apple and Meta. The note also questions the standard Turkish rendering of “gatekeeper”.
The Digital Markets Act (DMA) is among the most important instruments through which the European Union — late to the digital race — is attempting to regulate digital markets at speed.
The DMA aims to secure competitive and fair markets in the digital sphere. Its focus is on the international companies that control entry to digital markets, commonly rendered in Turkish by literal translation as “geçit bekçisi” (gate-keeper).
In our view that rendering is inaccurate. These undertakings do not decide who may use a gate; they decide whether or not to operate within their own structures. Moreover “bekçi” (watchman) denotes someone who maintains order — a concept closer to administrative law. The European Union does not regard these companies as maintainers of order but as undertakings that distort competition and fairness. Whether or not it finds support in the literature, the Turkish word that corresponds precisely to this kind of activity is “yolkesen” (one who blocks the road). Negative though it sounds, that is essentially the meaning the European Union attaches to these undertakings.
The magic word the Union applies to digital markets and services is “fairness” — a vague and highly elastic term under which almost any activity can be assessed and investigated.
In September 2023 the Commission designated Alphabet (Google), Amazon, Apple, ByteDance (TikTok), Meta and Microsoft. It should be noted that Booking and Spotify, both EU companies, were not included among them.
Designated companies were required to comply fully with all DMA obligations by 7 March 2024. They submitted DMA Compliance Reports, which the Commission reviewed. From 18 March compliance workshops were held, beginning with Apple and followed by ByteDance, Meta, Amazon, Google and Microsoft.
Barely a week later, on 25 March 2024, proceedings were opened against Alphabet, Apple and Meta for breach of Articles 5(2), 5(4), 6(3) and 6(5) respectively, under Article 20 of the DMA in conjunction with Articles 13 and 29.
The Commission announced non-compliance investigations under the Digital Markets Act into Alphabet's steering rules on Google Play and self-preferencing in Google Search, Apple's steering rules on the App Store and its choice screen for Safari, and Meta's “pay or consent” model.
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