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Does someone know what the minimum fine is gatekeepers face? All sources I find only talk about the maximum fine of 10% EDIT: Or maybe rather an expected fine,
by bcye 3y ago
Does someone know what the minimum fine is gatekeepers face? All sources I find only talk about the maximum fine of 10%
EDIT: Or maybe rather an expected fine, we saw with GDPR that the maximum fine isn't really used much, if at all.
- wdr1 3y agoThe DMA does not specify a minimum fine for violations.
- polycaster 3y agoI'm not a lawyer, but I guess that would be zero. The maximum in absolute numbers would be ~40B USD or ~80B USD for repeated violations, as I read it.
- layer8 3y agoThere is no minimum fine. But: “In fixing the amount of a fine, the Commission shall take into account the gravity, duration, recurrence, and, for fines imposed pursuant to paragraph 3, delay caused to the proceedings.” (Article 30 paragraph 4) So you might compare the actual noncompliance to the worst conceivable noncompliance with respect to those factors and make a guess. Edit: There’s also this quote by Thierry Breton, Commissioner for Internal Market, on the linked page: “[…] Should our investigation conclude that there is lack of full compliance with the DMA, gatekeepers could face heavy fines.” This would imply that anything but full compliance could already incur “heavy” fines.
- bcye 3y agoThank you. I think Big Tech is already quite close to the worst perceivable non compliance, but I guess we'll see.