1. Introduction

The European Commission (Commission) keeps stressing the important role of “business users” under the Digital Markets Act (DMA).[1] Business users are at the core of the DMA, with its Article 1(1) stating: “The purpose of this Regulation is to contribute to the proper functioning of the internal market by laying down harmonized rules ensuring for all businesses, contestable and fair markets in the digital sector across the Union where gatekeepers are present, to the benefit of business users and end users.[2]

The designation of gatekeepers under Article 3 DMA and the review of their status under Article 4 DMA are based on criteria related to the existence of business users. The DMA indeed places the interests of third parties, primarily business users, at the core of its functioning. The obligations listed in Article 5 and 6 DMA impose restrictions on gatekeepers which explicitly aim to protect business users. Article 12 DMA, with respect to updating obligations for gatekeepers, makes a special provision for extending this obligation for the benefit of business users, with its para 5 providing for updating the obligations on gatekeepers if any negative impact on business users appears.Continue Reading The Role of Business Users Under the DMA

In merger procedures, it is a fundamental requirement for parties to provide accurate and complete information to the European Commission as it forms the basis of the Commission’s assessment of mergers. Under the EU Merger Regulation (EUMR), the European Commission can impose fines where parties intentionally or negligently provide misleading or incorrect information during the