Paris, 31st of March 2022
Dear Mrs Vice-President,
Last week, we read with a great deal of enthusiasm your reaction after the political agreement about the Digital Markets Act (DMA), emphasizing that "what we want is simple: fair markets also in digital. We are now taking a huge step forward to get there - that markets are fair, open and contestable".
As you rightly stated back in December 2020, about the DMA, “we need to make rules that put order into chaos”. Considering your constant voluntarism in the past months and years, your assessment of the competitive landscape on the cloud computing markets has been questioning many of us, whereas:
In this very abundant context, adopting a very neutral stance about the smooth functioning of the cloud computing markets, raising apparently no specific concerns, is sending, according to us, the (wrong) signal that "there is nothing to investigate".
Involved for years and years in the cloud computing business or in the tech sector, we have been facing a number of well-characterized, abusive practices. However complicated it may be to qualify them under current EU competition law provisions, we can testify they indeed annihilate any possibility of free, loyal competition.
Some of us are members of/committed in GAIA-X, others are not: we feel however all startled about how you are depicting this initiative, as a privileged — almost exclusive — leverage to improve competition conditions in the cloud computing market. The reality has been, however, seriously challenging this perception: thus, the Gaia-X project was first announced in 2019, the AISBL was initiated in June 2020. Since then, the market shares of the leading US actors have been ever-growing, when, all together, the Europeans' have been persistently falling. Even if we collectively wish Gaia-X to succeed in line with its stated mission and values, we have concerns that it may lead to the exclusion of innovative European technologies in favor of incumbent non-European technologies and stakeholders.This is why we are convinced we need stronger policy actions enshrined in hard law, if EU institutions are to favour a real "rebalancing act" on the cloud computing markets.
We thank you for your repeated commitment to make competition policies and laws fit the digital era, and will be glad to exchange further in-depth with you on those crucial topics.
Quentin Adam, CEO, Clever Cloud
Pierre Baudracco, CEO, BlueMind
Paul Benoit, CEO, Qarnot Computing
Arnaud Creput, CEO, SmartAdServer
Gael Duval, CEO, Murena
Ludovic Dubost, CEO, XWiki SAS
Stefane Fermigier, CEO Abilian & Co-Chairman, CNLL
Alain Garnier, CEO Jamespot
Leonidas Kalogeropoulos, General Delegate, Open Internet Project
Frank Karlitschek, CEO and founder, Nextcloud
Olivier Lambert, CEO Vates
Yann Lechelle, CEO Scaleway
Andre Loesekrug-Pietri, Chairman, Joint European Disruptive Initiative (JEDI)
Jean-Paul Smets, CEO Rapid.Space & co-President of EUCLIDIA
Gerardo Lisboa, President of ESOP - Associação de Empresas de Software Open Source Portuguesas