EU DG COMP Antitrust Brief
Headline
European Commission reaches preliminary position that Amazon and Microsoft cloud services should be designated under the Digital Markets Act
Executive Summary
The European Commission's Directorate-General for Competition announced on June 25, 2026 that the Commission has reached a preliminary position that Amazon's and Microsoft's market-leading cloud services should be designated under the Digital Markets Act. This is a preliminary position, not a final designation.
Bottom Line
The Commission holds a preliminary position, not a final decision, that Amazon's and Microsoft's cloud services qualify for gatekeeper designation under the Digital Markets Act. The designation process remains open; no obligations attach to either company's cloud services under this announcement alone. Cresthaven reading: enterprise cloud customers and technology partners of both companies face a period of regulatory uncertainty during which the Commission's final determination shapes the compliance and contractual landscape for cloud service delivery in the EU.
Key Regulatory Signals
- Preliminary Gatekeeper Finding for Cloud: The Commission has reached a preliminary position that Amazon's and Microsoft's cloud services meet the criteria for gatekeeper designation under the Digital Markets Act. Cresthaven reading: both companies now face a formal process that, if concluded in designation, would subject their cloud services to the Act's platform obligations.
- Pre-Decisional Status: The Commission's position is described as preliminary, meaning a final designation decision has not been issued.
- Directorate-General for Competition as Lead: The Directorate-General for Competition is the authoring body, placing this squarely within the Commission's digital markets enforcement structure rather than a sector-specific regulatory process.
- Cloud Services Scope: The preliminary position is directed at cloud services specifically, not the full range of either company's digital offerings. Cresthaven reading: operators and enterprise customers whose infrastructure depends on Amazon or Microsoft cloud platforms carry exposure to any operational or contractual changes that a final designation would require of those platforms.
Regulatory Delta
- No gatekeeper designation has previously been issued for cloud infrastructure services under the Digital Markets Act. This preliminary position is the first of its kind for that service category.
- The Commission's action extends beyond the Act's initial wave of designations, which covered search, social networking, and app distribution, into cloud infrastructure.
- The legislative record of the Digital Markets Act identifies cloud computing among the core platform services subject to potential designation, placing this preliminary position within the Act's enumerated scope.
Materiality Classification
MEDIUM — A preliminary position, not a final designation; no binding obligations attach at this stage, but the finding signals a formal gatekeeper process for cloud services that requires assessment by firms operating on or competing with Amazon and Microsoft cloud infrastructure in the EU.
Intelligence Outlook
Monitor the European Commission's Directorate-General for Competition for a final gatekeeper designation decision and any interim procedural steps in this proceeding.