The European Commission has preliminarily determined that the cloud computing services of Amazon and Microsoft —Amazon Web Services (AWS) and Microsoft Azure— must be considered as access gatekeepers, "gatekeepers" in community terminology, and therefore be subject to the strictest regime of the Digital Markets Act (DMA).
The two multinationals now have a period to analyze Brussels' conclusions and submit their arguments in writing if they disagree with them. After this phase, it will be up to the Community Executive to decide whether to maintain or revise its initial assessment.
If the designation of these cloud services as "gatekeepers" is finally confirmed, Amazon and Microsoft would have a maximum period of six months to adapt their practices and ensure full compliance with the obligations set out in the DMA.
"It is essential to ensure a competitive and well-functioning market, as well as a level playing field for all cloud service providers. This will help ensure access to secure, sustainable, and interoperable cloud services in Europe," said the Vice-President of the Community Executive in charge of Competition, Teresa Ribera, in a statement.
In its analysis, Brussels maintains that both AWS and Azure, the first and second largest cloud computing service providers in the EU, represent an "important gateway between businesses and their customers in the EU," even if they do not reach the quantitative thresholds set in the DMA.
Community services have valued that both platforms have an extensive and consolidated user base, "and appear to benefit from customer loyalty and high switching costs, as well as a broad ecosystem."
Likewise, the Commission expresses concern about the weight that the offer of artificial intelligence (AI) tools and agreements has acquired as a key element when contracting cloud services, a factor that, in its opinion, reinforces the position of both companies.