AI in the Crosshairs: Can the EU’s Digital Markets Act Tame Tech Titans?

In Brussels, regulators are playing catch-up with the future. As artificial intelligence reshapes the digital landscape, the European Union is scrambling to adapt its formidable Digital Markets Act (DMA) to a world where AI assistants and generative models are the new gatekeepers. The most recent salvo: two fresh investigations into Google’s Android ecosystem and its Gemini AI, with Meta’s WhatsApp under similar scrutiny. But can the DMA, designed before “GenAI” was a household term, really rein in the world’s most powerful tech empires? Or will the pace of innovation outstrip the slow grind of regulation?

Fast Facts

• On January 27, 2026, the European Commission launched two proceedings against Google, targeting Android’s AI integration and data-sharing obligations.
• Regulators are probing whether Google’s Gemini AI gets unfair advantages over rival AI providers on Android devices.
• The DMA was drafted before the generative AI boom - forcing the EU to stretch its rules to cover new technologies.
• Recent enforcement against Apple and Meta triggered backlash over the “light touch” of sanctions, amid US political pressure.
• Meta’s integration of its AI assistant into WhatsApp is under coordinated investigation by both Italian and EU authorities.

AI Challenges an Outdated Rulebook

The DMA was Europe’s answer to the dominance of Big Tech, aiming to preemptively curb abuses by designating “gatekeepers” and imposing strict obligations on them. But when it was conceived in 2020, the AI revolution was still on the horizon. Now, as Google’s Gemini AI becomes deeply embedded in Android devices, and Meta’s AI assistant pops up in WhatsApp, regulators are forced to improvise.

The Commission’s first new case zeroes in on whether Google is unfairly locking out rival AI services by reserving key hardware and software features for its own Gemini assistant. The second case looks at whether Google must open up its precious trove of anonymized search data - not just to rival search engines, but to chatbot developers as well. This move could dramatically reshape the competitive landscape for AI-powered services.

Yet, the DMA’s original text makes scant mention of AI. Instead, the Commission is stretching its interpretation, arguing that integrated AI features fall within the DMA’s remit when bundled with core platform services. This legal creativity is being tested in real time, with the first concrete applications targeting Google this year.

Enforcement in a Political Minefield

The stakes are high, and the political temperature is rising. Earlier fines against Apple and Meta - €500 million and €200 million respectively - were criticized as too lenient, with many suspecting the EU was wary of provoking a trade war with the US. The Trump administration has repeatedly threatened retaliatory tariffs, framing the DMA and its sibling, the Digital Services Act, as protectionist.

Meanwhile, Germany’s own antitrust watchdog has pioneered preemptive action against tech giants, using national laws to force Google and Apple into concessions on interoperability and competition. Across Europe, authorities are increasingly willing to intervene early, before dominant positions become unassailable - a strategy that recognizes how rapidly digital markets “lock in” winners.

The Road Ahead: Racing Innovation

With a formal review of the DMA due in May 2026, the question is whether AI will be explicitly added to its scope. Many stakeholders demand it, but defining what counts as an “AI gatekeeper” is fraught with technical and legal challenges. In the meantime, the Commission is relying on creative enforcement and classic antitrust tools (like Article 102 TFEU) to plug the gaps.

The risk? That regulators are always a step behind. As AI markets consolidate around a handful of giants, the EU’s promise of open, contestable digital markets hangs in the balance. If enforcement lags, the DMA could become a relic before it ever truly bites.

WIKICROOK

• Gatekeeper: Gatekeeper is a macOS security feature that checks downloaded apps for authenticity and blocks potentially harmful software from running on your Mac.
• Digital Markets Act (DMA): The Digital Markets Act is an EU law that curbs big tech companies' power, stopping them from forcing unwanted software or limiting user choice.
• Generative AI (GenAI): Generative AI (GenAI) is artificial intelligence that creates realistic text, images, or code, enabling both innovation and more advanced cyberattacks.
• Interoperability: Interoperability is the ability of diverse systems or organizations to work together smoothly, sharing information and coordinating actions without technical obstacles.
• Article 102 TFEU: Article 102 TFEU bans companies from abusing dominant market positions, safeguarding competition and protecting consumers in the European Union.

As Brussels sharpens its tools and the tech giants dig in, Europe’s regulatory ambitions face their toughest test yet. The outcome of the Google and Meta probes will reveal whether the EU can keep digital markets open - or if, in the age of AI, the law will always be chasing the future.