Read the full published comments here.
The European Commission has launched its first statutory review of the Digital Markets Act (DMA) to assess whether the law is fit for purpose and if it effectively tackles limited contestability, unfair gatekeeper practices towards business users, and persistent legal uncertainty for market participants, as intended.
Together with a distinguished group of European and American economists and legal scholars, KGI’s Alissa Cooper and Tracy Xu have taken a critical look at the current state of digital markets enforcement in the EU. Their recently published comments offer recommendations on underutilized opportunities in the law, particular compliance challenges, and directions they encourage the Commission to pursue.
This comment also serves as a concise reference for anyone seeking to understand how DMA enforcement has developed to date (see Section 4 here).
Key Recommendations
The comment proposes targeted refinements for more effective DMA enforcement:
- Independent, Technically Rigorous Compliance Audits
Compliance claims, particularly regarding interoperability, data access, algorithmic neutrality, and choice architecture, should be verified by professionally certified independent auditors with meaningful technical access to ensure obligations function in practice.
- Transform Compliance Reports into Usable, Verifiable Guides
Compliance reports should serve as practical “how-to” manuals for business users and entrants, with structured templates, public transparency wherever possible, and consequences for incomplete or misleading submissions.
- Establish Key Performance Indicators and Outcome Tracking
The Commission should develop a systematic KPI framework linking each major obligation to measurable output indicators (such as uptake of interoperability tools, use of alternative app stores, or switching behavior) to support ongoing annual monitoring and inform future reviews.
- More Effective Interoperability in Communication Services
Early implementation of messaging interoperability suggests that limited designation scope and implementation choices have constrained its impact on horizontal contestability. For interoperability requirements to be effective, the Commission needs to consider the business and technical realities that entrants face when pursuing any potential future interoperability mandates.
- Addressing AI within the DMA Framework
As AI systems increasingly perform intermediation functions, the Commission should be prepared to clarify how AI-based services fit within existing DMA obligations and consider qualitative designation where AI services perform gatekeeper functions. The goal is to prevent gatekeepers from favoring their own AI services while avoiding turning the DMA into a general AI regulatory regime.
Looking ahead
The European Commission’s first review of the DMA presents an opportunity to consolidate early lessons and refine enforcement tools without the need to expand the law’s scope. As the comment explains, the DMA’s long-term effectiveness will depend on credible verification, transparent reporting, outcome-based evaluation, and institutional independence.
