Joint Statement on the Review of the Digital Markets Act (DMA)

SMEunited and Eurochambres welcome the report on the Digital Markets Act as an important step in Europe's ongoing effort to build fairer, more contestable digital markets. SMEs and businesses across Europe depend on open market access and cannot afford to be structurally disadvantaged by the platforms that control their route to customers. While digital platforms can open valuable new markets for SMEs, issues like self-preferencing, lack of transparency, barriers to effective redress, and limited access to workable alternatives continue to create challenges in day-to-day business operations, which are not yet fully addressed by the DMA and its implementation.

Too often, compliance has been narrow and formalistic, satisfying the letter of the law while preserving existing market structures. Based on the findings of the report, we encourage regulators to ensure that compliance efforts genuinely align with the DMA's goal of empowering, rather than disadvantaging, European enterprises. While reinforcing implementation of the DMA, we believe the assessment of self-preferencing should also cover indirect forms, such as ranking criteria, control over review systems and the advantages associated with integrated logistics services.

Following the publication of the report, we urge European policymakers to pursue three critical goals for the future of the DMA. First, we call for faster, more predictable, transparent, vigorous, and timely enforcement, while maintaining the core principles, in particular those ensuring fair and non-discriminatory access to essential platform services. Timely investigations and remedies are essential in fast-moving digital markets. Second, clear and practical guidelines tailored to SMEs, ensuring they are aware of their rights and remedies against misbehaviour from gatekeepers. Where justified, this should include evaluating further interoperability and portability measures in areas where persistent imbalances remain, including broader access to relevant business user data and easier switching between services.

Finally, we must ensure strong SME protection, ensuring that the rules work in practice and that SMEs are shielded from disproportionate compliance costs cascading down from gatekeeper platforms, and that they have access to effective redress mechanisms.

Any protections currently available under other relevant frameworks, especially the Platform-to-Business Regulation, should not be removed or weakened unless equivalent safeguards are in place.