site.btaImplementation of Digital Markets Act in EU: Role of National Authorities

The implementation of the Digital Markets Act (DMA) in the European Union (EU) represents a specific regulatory model in which the European Commission (EC) is the sole direct authority empowered to identify violations and impose sanctions on so-called “gatekeepers.” Unlike other EU digital regulations, national authorities do not have independent sanctioning powers but play an active role in supporting and coordinating mechanisms.

Role of national authorities

Despite the centralized structure, EU Member States play an important role in implementing the Act. Most countries have designated national authorities, usually competition commissions, to assist the EC in several key functions.

National authorities can conduct investigations and gather information within their territory if they suspect violations by platforms designated as gatekeepers, reporting the results to the EC.

They also participate in information exchange through the European Competition Network (ECN) and in the DMA Advisory Committee, where each member state has a representative. The committee provides opinions on key decisions, including the designation of new gatekeepers and the imposition of sanctions.

National approaches and complementary mechanisms

The DMA is applied in a coordinated manner across all EU Member States, unlike the Digital Services Act, which sets a common regulatory framework but is enforced and implemented at the national level. This ensures uniform application of the DMA while allowing regional flexibility in implementation and enforcement.

Several Member States also actively use their national competition laws where allowed under the European framework.

In Germany, the national regulator, Bundeskartellamt, applies the provisions of the Act Against Restraints of Competition, particularly Article 19a, which allows actions against companies with “paramount significance for competition” alongside EC procedures. A dedicated DMA team within the Bundeskartellamt works in close coordination with the EC.

France has taken one of the most proactive approaches regarding operational interoperability among digital platforms. The French competition authority, Autorité de la concurrence, advocates faster and broader opening of large platform ecosystems. At the national level, the DMA is integrated into a wider digital sovereignty package.

In the Netherlands, the focus is on protecting small app developers and ensuring access to alternative payment systems in online app stores. The Dutch authority for consumer protection, De Autoriteit Consument & Markt (ACM), emphasizes strict adherence to the text of the regulation without expansive interpretation.

Italy’s authority, Autorita Garante della Concorrenza e del Mercato (AGCM), is the national regulator. The DMA has been formally transposed without additional extensions. Italian authorities prioritize market monitoring, consumer complaints, and operational discipline, relying on limited capacity.

In Bulgaria, the Commission for Protection of Competition (CPC) participates in EU coordination mechanisms, focusing on monitoring the DMA’s impact on small and medium-sized enterprises and their access to digital markets. The CPC supports European investigations through on-site inspections, taking oral statements, and providing information, the authority told BTA.

Current status and key legal debates

Since March 2024, all companies designated as gatekeepers are required to comply with the DMA. In 2025, the EC began its first large-scale investigations into potential violations, including app store terms and certain data processing models.

One major legal debate concerns the boundary between EU and national law. The DMA prohibits parallel national rules targeting gatekeepers but allows the application of general national competition law. This raises questions about the permissible scope of national measures and their relationship with EU regulation.

By May 3, 2026, the Commission must present its first comprehensive report on the application and effectiveness of the DMA, based on feedback from all Member States.

Sanctions and EC powers

If a violation is found, the EC may impose fines of up to 10% of a company’s total global turnover, and up to 20% for repeated violations. For systemic breaches, structural remedies are possible, including mandatory divestiture of parts of the business.

The legal framework has also drawn criticism. Concerns include the EC’s power to impose additional behavioral obligations via delegated acts and the lack of clearly defined conditions for on-site inspections, which may affect safeguards under the EU Charter of Fundamental Rights.

Market impact and outlook

The DMA aims to harmonize national rules and prevent fragmentation of the digital single market. Its direct application in all member states creates a unified legal framework, providing greater legal certainty for businesses.

For commercial and end users, the regulation introduces additional protections related to interoperability, data privacy, and prevention of unfair trading practices. Smaller providers and startups gain easier access to digital markets that were previously highly concentrated.