Digital Markets Act (DMA) – Regulation (EU) 2022/1925

Subject matter and scope

1. The purpose of this Regulation is to contribute to the proper functioning of the internal market by laying down harmonised rules ensuring for all…

Definitions

For the purposes of this Regulation, the following definitions apply: (1) ‘gatekeeper’ means an undertaking providing core platform services, designated…

Designation of gatekeepers

1. An undertaking shall be designated as a gatekeeper if: (a) it has a significant impact on the internal market; (b) it provides a core platform service which…

Review of the status of gatekeeper

1. The Commission may, upon request or on its own initiative, reconsider, amend or repeal at any moment a designation decision adopted pursuant to Article 3…

Obligations for gatekeepers

1. The gatekeeper shall comply with all obligations set out in this Article with respect to each of its core platform services listed in the designation…

Obligations for gatekeepers susceptible of being further specified under Article 8

1. The Gatekeeper shall comply with all obligations set out in this Article with respect to each of its core platform services listed in the designation…

Obligation for gatekeepers on interoperability of number-independent interpersonal communications services

1. Where a gatekeeper provides number-independent interpersonal communications services that are listed in the designation decision pursuant to Article 3(9)…

Compliance with obligations for gatekeepers

1. The gatekeeper shall ensure and demonstrate compliance with the obligations laid down in Articles 5, 6 and 7 of this Regulation. The measures implemented by…

Suspension

1. Where the gatekeeper demonstrates in a reasoned request that compliance with a specific obligation laid down in Article 5, 6 or 7 for a core platform…

Exemption for grounds of public health and public security

1. The Commission may, acting on a reasoned request by a gatekeeper or on its own initiative, adopt an implementing act setting out its decision, to exempt…

Reporting

1. Within 6 months after its designation pursuant to Article 3, and in accordance with Article 3(10), the gatekeeper shall provide the Commission with a report…

Updating obligations for gatekeepers

1. The Commission is empowered to adopt delegated acts in accordance with Article 49 to supplement this Regulation with regard to the obligations laid down in…

Anti-circumvention

1. An undertaking providing core platform services shall not segment, divide, subdivide, fragment or split those services through contractual, commercial…

Obligation to inform about concentrations

1. A gatekeeper shall inform the Commission of any intended concentration within the meaning of Article 3 of Regulation (EC) No 139/2004, where the merging…

Obligation of an audit

1. Within 6 months after its designation pursuant to Article 3, a gatekeeper shall submit to the Commission an independently audited description of any…

Opening of a market investigation

1. When the Commission intends to carry out a market investigation with a view to the possible adoption of decisions pursuant to Articles 17, 18 and 19 it…

Market investigation for designating gatekeepers

1. The Commission may conduct a market investigation for the purpose of examining whether an undertaking providing core platform services should be designated…

Market investigation into systematic non-compliance

1. The Commission may conduct a market investigation for the purpose of examining whether a gatekeeper has engaged in systematic non-compliance. The Commission…

Market investigation into new services and new practices

1. The Commission may conduct a market investigation for the purpose of examining whether one or more services within the digital sector should be added to the…

Opening of proceedings

1. Where the Commission intends to open proceedings with a view to the possible adoption of decisions pursuant to Articles 8, 29 and 30, it shall adopt a…

Requests for information

1. In order to carry out its duties under this Regulation, the Commission may, by simple request or by decision, require from undertakings and associations of…

Power to carry out interviews and take statements

1. In order to carry out its duties under this Regulation, the Commission may interview any natural or legal person which consents to being interviewed, for…

Powers to conduct inspections

1. In order to carry out its duties under this Regulation, the Commission may conduct all necessary inspections of an undertaking or association of…

Interim measures

In case of urgency due to the risk of serious and irreparable damage for business users or end users of gatekeepers, the Commission may adopt an implementing…

Commitments

1. If, during proceedings under Article 18, the gatekeeper concerned offers commitments for the relevant core platform services to ensure compliance with the…

Monitoring of obligations and measures

1. The Commission shall take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in Articles 5, 6 and 7…

Information by third parties

1. Any third party, including business users, competitors or end-users of the core platform services listed in the designation decision pursuant to Article…

Compliance function

1. Gatekeepers shall introduce a compliance function, which is independent from the operational functions of the gatekeeper and composed of one or more…

Non-compliance

1. The Commission shall adopt an implementing act setting out its finding of non-compliance (‘the non-compliance decision’) where it finds that a gatekeeper…

Fines

1. In the non-compliance decision, the Commission may impose on a gatekeeper fines not exceeding 10 % of its total worldwide turnover in the preceding…

Periodic penalty payments

1. The Commission may adopt a decision imposing on undertakings, including gatekeepers where applicable, and associations of undertakings periodic penalty…

Limitation periods for the imposition of penalties

1. The powers conferred on the Commission by Articles 30 and 31 shall be subject to a 5 year limitation period. 2. Time shall begin to run on the day on which…

Limitation periods for the enforcement of penalties

1. The power of the Commission to enforce decisions taken pursuant to Articles 30 and 31 shall be subject to a limitation period of 5 years. 2. Time shall…

Right to be heard and access to the file

1. Before adopting a decision pursuant to Article 8, Article 9(1), Article 10(1), Articles 17, 18, 24, 25, 29 and 30 and Article 31(2), the Commission shall…

Annual reporting

1. The Commission shall submit to the European Parliament and to the Council an annual report on the implementation of this Regulation and the progress made…

Professional secrecy

1. The information collected pursuant to this Regulation shall be used for the purposes of this Regulation. 2. The information collected pursuant to Article 14…

Cooperation with national authorities

1. The Commission and Member States shall work in close cooperation and coordinate their enforcement actions to ensure coherent, effective and complementary…

Cooperation and coordination with national competent authorities enforcing competition rules

1. The Commission and the national competent authorities of the Member States enforcing the rules referred to in Article 1(6) shall cooperate with each other…

Cooperation with national courts

1. In proceedings for the application of this Regulation, national courts may ask the Commission to transmit to them information in its possession or its…

The high-level group

1. The Commission shall establish a high-level group for the Digital Markets Act (‘the high-level group’). 2. The high-level group shall be composed of the…

Request for a market investigation

1. Three or more Member States may request the Commission to open a market investigation pursuant to Article 17 because they consider that there are reasonable…

Representative actions

Directive (EU) 2020/1828 shall apply to the representative actions brought against infringements by gatekeepers of provisions of this Regulation that harm or…

Reporting of breaches and protection of reporting persons

Directive (EU) 2019/1937 shall apply to the reporting of all breaches of this Regulation and the protection of persons reporting such breaches.

Publication of decisions

1. The Commission shall publish the decisions which it takes pursuant to Articles 3 and 4, Article 8(2), Articles 9, 10, 16 to 20 and 24, Article 25(1)…

Review by the Court of Justice

In accordance with Article 261 TFEU, the Court of Justice has unlimited jurisdiction to review decisions by which the Commission has imposed fines or periodic…

Implementing provisions

1. The Commission may adopt implementing acts laying down detailed arrangements for the application of the following: (a) the form, content and other details…

Guidelines

The Commission may adopt guidelines on any of the aspects of this Regulation in order to facilitate its effective implementation and enforcement.

Standardisation

Where appropriate and necessary, the Commission may mandate European standardisation bodies to facilitate the implementation of the obligations set out in this…

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts…

Committee procedure

1. The Commission shall be assisted by a committee (‘the Digital Markets Advisory Committee’). That committee shall be a committee within the meaning of…

Amendment to Directive (EU) 2019/1937

In Point J of Part I of the Annex to Directive (EU) 2019/1937, the following point is added: ‘(iv) Regulation (EU) 2022/1925 of the European Parliament and of…

Amendment to Directive (EU) 2020/1828

In Annex I to Directive (EU) 2020/1828, the following point is added: ‘(67) Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14…

Review

1. By 3 May 2026, and subsequently every 3 years, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the…

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply…