The Digital Markets Act : A Comparative Analysis of the Commission’s, IMCO-Parliament's and Council's Drafts of the DMA

On 22 November 2021 the European Parliament Committee on the Internal Market and Consumer Protection (IMCO) has voted (almost unanimously) on the long-awaited DMA proposal (Rapporteur: MEP Andreas Schwab). The DMA-IMCO version introduces a number of new elements. Some are rather cosmetic and decorative; others – essential. Some were proposed in the Draft IMCO Report (or JURI & ECON Draft Opinions); others are brand-new. Most appear to be well-justified; some – particularly, the brand-new ones – not quite so. Simultaneously, on 25 November 2021 the Council of the EU has agreed the Council General Approach on the DMA (DMA-CGA). This version of the proposal also offers some substantial changes to the Commission’s original draft. Both approved texts – DMA-IMCO and DMA-CGA – are multi-layered compromises between different positions and visions on the role and mechanisms of the DMA. The vote in the Parliament is planned in December 2021. After the Parliamentary approval the negotiations on the final text will begin in the trilogue format (Council, Parliament & Commission). The final compromise between the current compromises will be (hopefully) reached soon. The purpose of this working paper is to articulate some shortcomings of the current versions of the DMA-IMCO and DMA-CGA