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Regulation Navigated

Supporting a First-Of-Its-Kind Challenge Under the Digital Markets Act

Regulation Navigated

Supporting a First-Of-Its-Kind Challenge Under the Digital Markets Act

Key Contact

David Dunn

How do you safely navigate new regulatory requirements when billions are at stake?

The Digital Markets Act (“DMA”) was created to promote fair competition and foster innovation in the digital economy. For companies designated as a Gatekeeper for core platform services (“CPS”) by the European Commission (“EC”), new regulations were put in place and non-compliance could result in a sanction of up to 10% of the company’s total worldwide annual turnover.

With potentially billions at stake, as well as significant reputational damage, a technology company needed validation for its regulatory return statements and looked to FTI Consulting for support in navigating this newly transformed regulatory landscape.

Our Impact

The in-depth report we delivered validated the firm’s regulatory return statements, helping the client navigate this high-profile and first-of-its-kind regulatory challenge.

With a key focus on transparency, our experts facilitated the client’s compliance with regulatory requirements within the stipulated timeline.

By The Numbers

Confirming Compliance

With a key focus on transparency, our experts facilitated the client’s compliance with regulatory requirements within the stipulated timeline.

300

Individual Requirements

FTI Consulting found evidence to support the nearly 300 individual requirements set out by the Digital Markets Act.

120+

Pieces of Evidence

Our experts mapped more than 120 pieces of evidence for an in-depth report validating the firm’s regulatory return statements.

10%

Revenue at Risk

We helped the company avoid non-compliance, which would have resulted in a sanction of up to 10% of its total worldwide annual turnover.

In crisis and transformation,real-world experience delivers.

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Our Role

Expertly navigating a newly transformed regulatory landscape

After our team completed a final sequence of tests and validation, the conclusive DMA report was issued confirming the client’s compliance.

FTI Consulting issued an initial Request for Information that aligned with the DMA Report Template published by the EC.
Our experts organized interviews with several of the client’s subject matter experts to explicitly discuss profiling techniques and enhance understanding for the response validation.
After conducting extensive interviews, numerous information exchanges and robust external testing routines, FTI Consulting presented an initial findings draft to the client, clarifying identified gaps and ensuring accuracy.

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David Dunn

Senior Managing Director, Head of Cybersecurity, EMEA

United Kingdom

Real-world experience that delivers.

See why FTI Consulting is the leading global expert firm for organizations facing crisis and transformation.

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Deep Expertise in Action

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All Success Stories

Value Protected

Defending Reputation and Keeping OpenAI’s Nearly $1 Trillion IPO on Track

In March 2019, OpenAI Inc. — a nonprofit organization founded in 2015 by Elon Musk, Sam Altman and Greg Brockman, now known as The OpenAI Foundation — publicly announced the formation of a for-profit affiliate, now known as OpenAI Group PBC, that would enable OpenAI to raise many billions of dollars in capital investment. In August 2024, Mr. Musk, who had resigned from the nonprofit’s board of directors in February 2018, brought a lawsuit alleging, among other things, that the OpenAI defendants, with the assistance of Microsoft, had broken promises to use his charitable contributions to maintain OpenAI as a nonprofit organization and prioritized profits over the founding mission. At trial, Mr. Musk asserted claims for breach of charitable trust, aiding and abetting breach of charitable trust, and restitution based on unjust enrichment. Among other remedies, Mr. Musk sought to unwind OpenAI’s 2025 recapitalization and disgorgement of OpenAI’s and Microsoft’s alleged wrongful gains.Compass Lexecon and Professors Ilya A. Strebulaev, Daniel Hemel and Somesh Jha were retained by the OpenAI defendants through their outside counsel, Wachtell, Lipton, Rosen & Katz, to act as consultants and expert witnesses in the litigation.

Dispute Resolved

Ed Sheeran Prevails in Music Copyright Infringement Case

When a music fan filmed and later uploaded Ed Sheeran performing a playful mashup of two songs at a live concert to YouTube, the clip led to a high-profile music copyright dispute — and FTI Consulting was engaged by Pryor Cashman to deliver the courtroom technology and presentations that helped the jurors evaluate differences in the music. 

Crisis Managed

Insider Threat Investigation for a High-Profile Research Company

FTI Consulting was retained by a high-profile research company to investigate a possible insider threat and preserve evidence in the event litigation occurred related to the suspected employee.

Savings Uncovered

Identifying $42 Million in Cost-Saving Opportunities Amid Operating Model Redesign

A Latin America-based enterprise telecom provider wanted to redesign its organization and operating model. Turning to FTI Consulting for support, it was able to identify a number of meaningful cost-saving initiatives.

Market Created

Meta Victory Creates a Paradigm for Use of Empirical Evidence in Defining Market Competition

In 2020, the Federal Trade Commission sued Meta, claiming Meta was a monopolist in the personal social networking market and that it had “preserved its monopoly not by outcompeting its upstart rivals Instagram and WhatsApp, but by buying them.” Potential consequences of a ruling against Meta could include a court-ordered spinoff of the two companies, threatening key growth engines and as much as half of Meta’s revenues.Meta and its counsel, Kellogg, Hansen, Todd, Fiegel & Frederick, retained Compass Lexecon as consultants and expert witnesses in the case. Over the course of the roughly five-year litigation, six Compass Lexecon experts filed reports and testified in depositions: Professors Dennis W. Carlton, Daniel R. Fischel, Anindya Ghose, Steven Kaplan, John A. List and Itamar Simonson. These experts were supported by more than 100 staff, including Mary Coleman, Niall MacMenamin, Allan Shampine, Hal Sider, Joseph Goodman and Evan McKay, among others. The trial took place in the spring of 2025 before Judge James Boasberg of the U.S. District Court of the District of Columbia and ran for more than six weeks. Meta ultimately shortened its rebuttal to a week and called only Professors Carlton and List to testify.

Performance Unleashed

Project Management Implementation at €6.5 Billion Technology Plant Leads to a Global Digital Transformation

A global engineering and design firm needed FTI Consulting’s expertise to course-correct a stalled implementation of Hexagon EcoSys Projects that was being used to manage the build-out of a €6.5B semiconductor plant owned by a Forbes 100 company. The original implementation stalled due to the lack of people with the industry expertise needed to translate requirements from the business to the EcoSys Projects tool.

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Supporting a First-Of-Its-Kind Challenge Under the Digital Markets Act

Supporting a First-Of-Its-Kind Challenge Under the Digital Markets Act

How do you safely navigate new regulatory requirements when billions are at stake?

Our Impact