ACM now authorized to investigate compliance with the Digital Markets Act

Starting today, the Netherlands Authority for Consumers and Markets (ACM) has powers to investigate compliance with the Digital Markets Act (DMA). This law seeks to create more opportunities for digital companies that are dependent on and that want to compete with the major digital platforms. The rules of the DMA apply to several, specifically designated digital-platform providers. These are called gatekeepers, and include Apple (for its App Store service, among other services), Booking (for Booking.com), Google (for Google Search, YouTube, among other services), Meta (for Facebook, WhatsApp, among other services), and Microsoft (for Windows PC OS, among other services).

The DMA has been in effect in Europe since May 2023. The European Commission has the exclusive power to enforce the DMA. National competition authorities, including ACM, can conduct investigations in their own countries, and support the European Commission in that context. Now that the Dutch Senate has passed the Dutch implementing act, ACM is officially authorized from March 10, 2025, to conduct investigations into reports about non-compliance with the DMA.

Martijn Snoep, Chairman of the Board of ACM, explains: “Thanks to the DMA, companies have more opportunities for growth, and consumers are better protected in the digital world. Now that we have the power to conduct investigations, we are able to collaborate with the European Commission more effectively on the opportunities for Dutch companies in the digital economy. We are calling on businesses to share any problems with ACM with regard to access to the digital platforms of gatekeepers.”

DMA: promoting competition in European digital markets

The DMA contains obligations for large providers of online platform services. These rules seek to promote competition in the European digital markets. The European Commission has designated which online companies must meet the DMA rules. (external website) Currently, there are seven such companies: Alphabet (Google), Apple, Amazon, Booking, Bytedance, Meta, and Microsoft. Gatekeepers must comply with the rules laid down in the DMA, because they play a big role in digital markets.

Examples of what gatekeepers must do:

• Offering companies fair conditions when they offer apps in the appstore.
• When requested to do so, giving companies free access to their own data (including customer data).
• Giving companies access to data on how well their advertisements perform on the platform.
• Ensuring that, for example, apps and payment services of companies are able to connect to and work together (interoperability) with the operating system and the hardware of the gatekeeper.

Collaboration with the European Commission

ACM collaborates intensively with the European Commission on the supervision of the DMA, for example, through the DMA Joint Investigative Teams. These are teams that consist of employees of ACM and the European Commission.

ACM has already received multiple reports about possible violations of the DMA. Thanks to the official investigation power, ACM can, going forward, also conduct investigations into these reports.

Do you wish to file a report about gatekeepers? Contact ACM

Now that digital markets have become an ever greater part of our society, ACM urgently commits itself to ensuring that these markets work well. Do you think a gatekeeper is in violation of the rules of the DMA? If so, please contact ACM. You can do so here: Tip off | ACM.nl