GSMA和Connect Europe对DMA的审查发表评论

Since its full application,the Digital Markets Act (DMA) has marked a significant step forward inthe EU’s ambition to foster fair and contestable digital markets.By setting out a harmonisedframework of obligations for designated gatekeepers, the DMA has initiated a shift towards morebalanced digital markets.However, while well-intentioned, it has not yet delivered on itsfullpotential.The implementation has been hindered by narrowenforcementof key provisions,limited enforcement capacity, and a lack of responsiveness to emerging technologies. As the Commission prepares its first review under Article 53, it is essential to reflect on thesegaps and consider how the DMA can evolve to better serve its purpose in a rapidly changing digitallandscape. In this context,theGSMA and Connect Europe welcome the opportunity to contribute to theCommission’sfirst review under Article 53,offering reflections on the regulation’simplementation to date and recommendations for strengthening its effectiveness in a rapidlyevolving digital landscape. 1. AI and Cloud Services: notablyabsent from the Core Platform Services The current list of core platform services under the DMA does not adequately reflect the growingimportance of AI. AI,including agentic AI,generative AI and foundation models,is increasinglyintegrated into digital platforms and functions as a critical gatekeeping technology. The absenceof explicit recognition of AI as a CPS risks creating regulatory blind spots, as dominant playerscouldleverage privileged access to AI components and cloud infrastructure to consolidatemarket power and limit competition. Similarly, the designation process has failed to capture major cloud service providers asgatekeepersuntil now, despite their strategic importanceand despite cloud computing servicesappearing on the list of CPS. This suggests that the process may not be working as intended,andthereforerequires review to ensure that cloud services are adequately regulated under the DMA.The Commission should consider adding AI to the list of CPS, ensuringthat providers of AI andcloud services with significant marketpower are subject to appropriate obligations of fairness,transparency, and contestability.In order to determine which kinds of AI services should becovered by the DMA, the Commission should conduct regular market investigations. This willallow for a future-proof approachthatwill help to identify relevant AI services as they develop. 2.Persistent gaps andlack ofenforcement totacklethe breadth of gatekeeping practices The GSMA and Connect Europe, together with their membership, welcome the enforcementefforts undertaken by the European Commission under the DMA and support its objective toensure fair and contestable digital markets. However,the regulation has not materially improvedour situation with respect to digital gatekeepers or addressed our most problematic gatekeepingpractices. First,the interoperability obligations for number-independent interpersonal communicationservices (NI-ICS) should be extended to cover business users (B2B, B2G), not just end users. Thiswould ensure that interoperability requirements apply to all relevant users and services,supporting a more open and competitive digital ecosystem. Moreover, enforcement has been too narrowly scoped, especially interoperability requirements,benefiting only a limited subset of businesses, mainly manufacturers of connected devices, whilefailing to address the main barriers faced by connectivity and network service providers, such asaccess to operating system capabilities foradvancednetworkfunctionalities. Thevertical interoperability obligations ofArticle 6(7)are difficult to invoke and have limited utilityto seekaccess tofeatures controlled by the mobileoperating systems for advancednetworkfunctionalities.We urge the European Commission to remain vigilant on the effectiveimplementation of the DMA and to prioritize in its investigations the implementation of article 6(7)especially with regards to advanced network functionalities.This would ensure thatgatekeepersdo not hinder the deployment ofinnovative telecom services through restrictive platformpractices, and that the existing legal framework is effectively implemented in practice. Additionally, the tools available to the Commission for enforcing the DMA have proved largelyinsufficient. The DMA has failed to provide the Commission with an effective means to accessinformation from digitalgatekeepersin a timely and comprehensive manner, or to compel themto engage in meaningful dialogue withtheirparties seeking to avail themselves of the DMA’sprovisions, particularly on data access and interoperability. One of the primary goals of the DMAwas to address the information asymmetry between gatekeepers and regulators, but progresshas not been as significant as many had hoped.Sanctions imposed for non-compliance havebeen relatively small in relation to the duration and extent of infringements, and there remainsuncert