The Digital Markets Act’s Search Fairness Promise Is Falling Short

▼ Summary
– The EU’s Digital Markets Act (DMA) was passed to stop Google from unfairly favoring its own services in search results, following well-documented abuses over a decade.
– Two years after implementation, user experience has worsened, with surveys showing searches take longer and consumers would pay to restore the pre-DMA functionality.
– The regulation has also harmed businesses, leading to significant drops in click-through rates and direct bookings for services like Google Hotel Ads in affected markets.
– Enforcement is ineffective as Google can slowly adapt its services to technically comply while preserving its advantage, and fines are an insufficient deterrent for a company of its size.
– The author argues the DMA fails because it regulates monopoly behavior instead of breaking the monopoly itself, suggesting structural remedies like divestiture would be more effective.
The promise of a fairer digital marketplace, driven by the European Union’s landmark Digital Markets Act (DMA), has collided with a stark reality of degraded user experience and unshaken monopolies. For search professionals and businesses that rely on organic visibility, the legislation aimed at curbing tech giants like Google has produced unintended and largely negative consequences, raising serious questions about the efficacy of regulating platform behavior without addressing underlying market dominance.
The DMA emerged from a legitimate need to confront documented anti-competitive practices. For years, Google systematically favored its own services, like Google Shopping and Google Flights, by giving them prime placement in search results while pushing competitors to obscurity. Internal documents revealed these products often received an artificial algorithmic boost not based on merit. This pattern of identifying lucrative markets, launching rival products, and then leveraging search dominance to ensure their success represented a clear abuse of power. The DMA’s goal of establishing clear, upfront rules to ensure equal treatment was a welcome response to these protracted legal battles.
However, the practical outcome has been a significant step backward for both consumers and businesses. Comprehensive surveys reveal that two-thirds of European users now need more clicks or more complex queries to find information online, with frequent searchers reporting tasks take up to fifty percent longer. Notably, over forty percent of frequent travelers stated they would pay to restore the pre-DMA search functionality for flights and hotels, a telling indicator of regulatory failure. Users have lost the integrated, efficient experience they valued, such as seeing hotel prices and availability directly on a map within search results, because such integrations are now viewed as illegal self-preferencing.
The business impact has been equally troubling. Despite the intention to create fairer visibility, click-through rates and direct bookings via services like Google Hotel Ads have plummeted by thirty and thirty-six percent respectively in affected regions. Companies are losing revenue because the user journey has been deliberately fragmented. Meanwhile, Google’s overwhelming search market share remains untouched, exceeding ninety percent in Europe. The core monopoly persists, but now operates within a framework that delivers poorer results for everyone.
Enforcement has proven to be a critical weakness. The regulatory process is too slow to keep pace with rapid technological change. By the time the European Commission investigates a potential violation, which can take over a year, the platform’s features and algorithms have already evolved. Google’s response to DMA scrutiny has often been to make superficial changes that preserve its competitive advantage while technically complying with new rules. Furthermore, fines have proven ineffective as a deterrent for a company of Google’s scale; they are treated merely as a cost of business rather than a catalyst for meaningful change.
This situation points to a fundamental flaw in the regulatory approach. Attempting to micromanage how a monopoly behaves, rather than confronting the monopoly structure itself, is an exercise in futility. It is akin to dictating the path of flowing water without altering the slope that guides it. A more effective strategy would involve aggressive traditional antitrust enforcement and structural remedies, such as requiring the separation of key business units like search and advertising or mandating genuine data portability to empower users to switch services easily.
The geopolitical ramifications are also growing. The DMA has drawn criticism and threats of trade retaliation from the United States, which views the regulation as discriminatory industrial policy targeting American firms. This places Brussels in a difficult position, caught between domestic enforcement demands and escalating international trade tensions.
In essence, the DMA addressed a real problem with the wrong solution. It has not enabled the next generation of competitors, nor has it broken Google’s stranglehold on search. Instead, it has degraded the user experience and harmed business outcomes while the fundamental market dynamics remain unchanged. Creating genuine competition requires bold actions that dismantle entrenched monopolies and foster open markets, not just a new set of complex behavioral rules. The search industry identified the abuse correctly, but the prescribed cure has, so far, made the patient sicker.
(Source: Search Engine Land)





