DPCMO calls for stronger EU framework to tackle digital market dominance

DPCMO has today submitted feedback to the European Commission on its draft Guidelines addressing exclusionary abuses of dominance under Article 102 of the TFEU. DPCMO's response highlights key areas where the proposed Guidelines could be expanded to ensure fairer market practices, particularly in digital markets dominated by Big Tech. DPCMO advocates for enhanced protections against the unlicensed use of media content by dominant digital entities and calls for mechanisms ensuring fair compensation for content use. We believe that further steps are needed to address how dominant tech companies interact with copyright and other regulatory requirements.

Key recommendations:

  • artificial intelligence regulation: DPCMO urges the Commission to include guidance on AI, noting that large AI providers, such as OpenAI, must adhere to copyright and licensing terms when training AI models on media content. AI activity threatens fair competition, and we must ensure it respects the principles of fair remuneration and intellectual property
  • regulatory clarity on EU digital laws: to prevent misuse of dominant market positions, DPCMO advocates for clearer guidelines on the interplay between Article 102 TFEU and recent EU regulations like the Digital Markets Act and the AI Act. Such clarification would aid SMEs and support innovation across the European media landscape
  • inspiration from national case law: the decisions by the French Competition Authority in disputes with Google are examples of effective enforcement against digital dominance. Reflecting on national precedents can empower the EU to foster a stronger, fairer regulatory environment across all member states

In line with the effort to support a free and independent press, DPCMO remains committed to collaborating with the EU and national authorities to advance effective competition policies that uphold democratic values, journalistic integrity, innovation and a fair marketplace in Denmark and across Europe and the rest of the world.

Consultation Response on the European Commission’s draft antitrust Guidelines on Exclusionary Abuses of Dominance