Il Digital Markets Act (DMA)approved in 2022 and fully entered into force on March 7, 2024, represents one of the pillars of the new European strategy for the regulation of large digital platforms. Together with the Digital Services Act (DSA), the DMA constitutes the skeleton of the so -called European “digital package”, aimed at rebalancing the strength relationships between the so -called “gatekeeper” – the large technological companies operating in a dominant position in digital markets – and other economic operators and final users.
As part of this new regulatory architecture, the European Commission has recently started – and partly already concluded as a preliminary – a series of procedures against some of the main actors in the sector, including Apple and Meta, assuming serious violations of the obligations imposed by the DMA. The investigations, made public in the first months of 2025, mark a historical turning point: it is the first time that the European Union applies the penalties provided for by the new regulation against companies accused of perpetrating systemic anticoncrhrhrhonal practices in the digital market.
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1. The Digital Markets Act: objectives, scope and recipient subjects
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Il DMA (Regulation (EU) 2022/1925) was born with the aim of guaranteeing Equipable and contestable digital markets within the European Union. Unlike traditional Antitrust standardwho intervene ex post to repress abuse of dominant position, the DMA adopts an ex -ante approach, imposing specific obligations to the so -called “gatekeeper“Identified on the basis of dimensional and functional criteria (art. 3).
These gatekeeper must guarantee, among other things, the interoperability of services, the possibility for users to uninstall pre -installed applications, the access of third parties to data generated by the platforms, and the freedom for commercial users to offer their goods and services also outside the ecosystem of the gatekeeper, without unjustified restrictions.
2. The position of the Commission: Meta and Apple under accusation
On March 25, 2025, the Commission officially announced the start of formal procedures for violation of the DMA against Meta Platforms (Facebook, Instagram and WhatsApp parent company) and Apple Inc.
The disputes are based on alleged restrictive practices of the competition and violations of specific regulatory obligations, in particular of articles 5, 6 and 7 of the regulation.
In the case of Meta, the Commission has paid attention to the consent mechanism implemented for the so -called “pay or consent“: European users are asked to choose whether to accept tracking for advertising purposes or, alternatively, pay a monthly subscription to use the platforms without personalized advertising.
According to the Commission, this practice would constitute a violation of the obligation to guarantee a free consent, specific e informedand could have distorting effects on the online advertising market.
As for Apple, the investigations focused on three main profiles:
- First, theimposition of restrictions on developers: Apple is accused of not allowing developers to freely inform users about the existence of more advantageous alternative offers outside the App Store, in violation of art. 5, par. 4, dma.
- secondly, the system of commissions on in-app purchases: According to the Commission, the model adopted by Apple would force the developers to use only the owner payment system, limiting competition and hindering contractual freedom.
- Finally, theautopreference of its services: Apple is suspected of promoting its services (for example Apple Music) at the expense of competitors, for example through privileged integration with the iOS operating system or the impossibility for competitors to access some essential bees.
3. The procedure and the first preliminary conclusions
The Commission, in the context of the powers attributed by art. 29 of the DMA, has the task of supervising compliance with the rules and, if necessary, adopt corrective or sanctioning measures. The procedure started against Meta and Apple is part of this context: it is an in -depth investigation (art. 20), which can be concluded with the ascertainment of a violation, the imposition of remedies or even the imposition of penalties of up to 10% of the annual annual turnover of the company, which can be increased up to 20% in the event of a recurrence.
According to what the European Commissioner for the Inner Market, Thierry Breton, “the Commission will not tolerate attempts to evade or circumvent the DMA with fictitious or formally compatible but substantially in violation of the principles of the regulation”.
The investigations are still ongoing, but the preliminary information released already include a severe orientation by the European executive. A formal decision with the first significant sanctions is expected for the summer of 2025.
4. Legal profiles and implications for the future
From a legal point of view, the story raises numerous interpretative issues: what is the margin of discretion left to the gatekeeper in implementing the prescriptions of the DMA? How far is it legitimate to subordinate the free use of a service to consent to the processing of data? To what extent can transparency and access to platform measures conflict with the protection of intellectual property or with the safety of systems?
In addition, the theme of the coordination between DMA and other regulations is placed, in particular the GDPR. For example, the Meta case highlights the delicate balance between the freedom of economic initiative and the protection of the fundamental rights of users, especially in the field of privacy and data protection.
The procedure started by the Commission could also be an important precedent for the interpretation of the key clauses of the DMA, providing a first concrete exegesis application of the regulation. The practice that is forming will be carefully observed not only by economic operators, but also by the guaranteed authorities of the other Member States and the shorts of European justice.
5. Conclusions
The action of the Commission against Apple and Meta constitutes a real test for the effectiveness and scope of the Digital Markets Act. After years of accusations of inertia and slowness in the European antitrust action, the new regulation allows the union to act in a more timely and structured way against the distortions of the digital market.
However, the success of this strategy will depend not only on the severity of the penalties, but also on the ability to ensure regulatory clarity, consistency with the other disciplines and an adequate balance between the interests involved. The decisions that will be adopted in the coming months will be decisive for the future of the European digital economy.
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