For years, the EU authorities have struggled to combat the market power and abuse of power of the technology giants, without really being able to do much with the outdated instruments of a pre-digital age. The regulations were often inadequate – for example in takeover law. Here, the traditional focus is on turnover and profit market shares. As a result, mini deals, which combine innovative start-ups with the scaling power of big tech, are not given sufficient consideration. They were also ineffective due to their conceptual disadvantage of long investigation procedures and literally ex-post interventions, which often could not contain the consequences of distortions of competition.

In order to finally regain control here, the Community has passed two comprehensive digital laws, the Digital Markets Act (DMA) and the Digital Services Act (DSA). With its proceedings, which target three technology heavyweights – Apple, Alphabet and Meta – and thus also address a whole range of misconduct with regard to the DMA, the Commission is showing that it is willing to immediately bring the law, which has been in force since the beginning of March, to life.

For the time being, however, it is only extending the claws of a new paper tiger. Whether the new law will actually be able to put Big Tech in its place will depend on two things in particular: firstly, whether the provisions are precise enough to allow the authorities to investigate an infringement in a reasonable amount of time. Secondly, whether the Commission's assessment will stand up in court. This has also been repeatedly lacking in recent years. After endless proceedings, infringements were punished with high fines, which were later overturned in court.

In addition, it has long been obvious that a primarily financial sanction instrument, even in supposedly sensitive amounts measured in terms of turnover, has little deterrent effect anyway in view of the technology giants' multi-billion euro coffers. In order to give the DMA real clout and avoid a loss of credibility, the EU must also break new ground here.