对欧盟委员会首次审查《数字市场法》的评论（英）

COMMENTS OF ITIF to the European CommissionBrussels, Belgium September 24, 2025 CONTENTS Introduction ................................................................................................................................................ 2Responses to Questions................................................................................................................................ 3Question 6. The Current List of Core Platform Services ........................................................................... 3Question 7. The Designation Process ....................................................................................................... 3Question 8. The Current List of Obligations............................................................................................ 4Question 9. DMA obligations .................................................................................................................. 4Question 10. Tools Available to the Commission ..................................................................................... 5Question 11. Enforcement ....................................................................................................................... 5Question 12. Procedural Framework ........................................................................................................ 6Question 13. The Implementing Regulation ............................................................................................ 6Question 14. Demonstrating Effective Compliance With the DMA ......................................................... 7Question 15. Positive and Negative Effects for Your Organization............................................................ 7Question 16. Impact and Effectiveness ..................................................................................................... 8Question 17. Further Comments or Observations .................................................................................... 9 INTRODUCTION On July 3, 2025, the European Commission (Commission) launched a public consultation on the first reviewof the Digital Markets Act (DMA) to assess the “effectiveness of the legislation.”1The purported rationale forenacting the DMA was to ensure fair and contestable digital markets within the European Union (EU) byregulating the conduct of large online platforms designated as gatekeepers, as well as safeguarding the abilityof business users—particularly small- and medium-sized enterprises (SMEs)—to compete.2 The Information Technology and Innovation Foundation (ITIF), the world’s top-ranked science andtechnology policy think tank, greatly appreciates the opportunity to respond to this important publicconsultation. As its responses to the Commission’s questions attest, ITIF does not believe that the DMA is aneffective tool of competition policy. On the contrary, the DMA has resulted in demonstrable consumerwelfare losses, chilled procompetitive behavior, and even harmed small businesses. What’s more, it has doneso by imposing obligations and penalties that inexcusably target America’s leading technology companies,thereby straining the critical transatlantic bonds that are essential to ensuring Western techno-economicleadership in the 21st century amid the threat posed by China. RESPONSES TO QUESTIONS Question 6. The Current List of Core Platform Services Do you have any comments or observations on the current list of core platform services?With important exceptions and qualifications, the current list of core platform services generally encompasses services that are in some way related to those markets that have been subject to antitrust investigations and/orenforcement by the Commission and/or EU member states over the past several decades. But both therelatively more established—albeit nonetheless highly dynamic—nature of these markets, as well as claimsthat traditional competition law enforcement proved unable to adequately police anticompetitive conduct inthese industries, do not exist as grounds to justify the application of the DMA to the AI foundation modeland cloud markets that are empowering the next wave of digital innovation. As ITIF has explained, thesemarkets are not only highly competitive and growing rapidly, but they do not demonstrate signs of marketfailure or an inability for regular competition law to address any anticompetitive behavior that may arise.3 Question 7. The Designation Process Do you have any comments or observations on the designation process (e.g. quantitative andqualitative designations, and rebuttals) as outlined in the DMA, including on the applicablethresholds? ITIF understands that the Commission’s motive in enacting the DMA was to further its longstandingcompetition policy objectives, including the flawed ordoliberal model that has contributed to the innovation-driven productivity gap with the United States.4Regardless, both the intent behind and effect