- Article 5 – Obligations for gatekeepers
- Article 6 – Obligations for gatekeepers susceptible of being further specified under Article 8
- Article 7 – Obligation for gatekeepers on interoperability of number-independent interpersonal communications services
- Article 8 – Compliance with obligations for gatekeepers
- Article 9 – Suspension
- Article 10 – Exemption for grounds of public health and public security
- Article 11 – Reporting
- Article 12 – Updating obligations for gatekeepers
- Article 13 – Anti-circumvention
- Article 14 – Obligation to inform about concentrations
- Article 15 – Obligation of an audit
- Article 20 – Opening of proceedings
- Article 21 – Requests for information
- Article 22 – Power to carry out interviews and take statements
- Article 23 – Powers to conduct inspections
- Article 24 – Interim measures
- Article 25 – Commitments
- Article 26 – Monitoring of obligations and measures
- Article 27 – Information by third parties
- Article 28 – Compliance function
- Article 29 – Non-compliance
- Article 30 – Fines
- Article 31 – Periodic penalty payments
- Article 32 – Limitation periods for the imposition of penalties
- Article 33 – Limitation periods for the enforcement of penalties
- Article 34 – Right to be heard and access to the file
- Article 35 – Annual reporting
- Article 36 – Professional secrecy
- Article 37 – Cooperation with national authorities
- Article 38 – Cooperation and coordination with national competent authorities enforcing competition rules
- Article 39 – Cooperation with national courts
- Article 40 – The high-level group
- Article 41 – Request for a market investigation
- Article 42 – Representative actions
- Article 43 – Reporting of breaches and protection of reporting persons
- Article 44 – Publication of decisions
- Article 45 – Review by the Court of Justice
- Article 46 – Implementing provisions
- Article 47 – Guidelines
- Article 48 – Standardisation
- Article 49 – Exercise of the delegation
- Article 50 – Committee procedure
- Article 51 – Amendment to Directive (EU) 2019/1937
- Article 52 – Amendment to Directive (EU) 2020/1828
- Article 53 – Review
- Article 54 – Entry into force and application
Art. 17 DMA
Market investigation for designating gatekeepers
- The Commission may conduct a market investigation for the purpose of examining whether an undertaking providing core platform services should be designated as a gatekeeper pursuant to Article 3(8), or in order to identify the core platform services to be listed in the designation decision pursuant to Article 3(9). The Commission shall endeavour to conclude its market investigation within 12 months from the date referred to in Article 16(3), point (a), In order to conclude its market investigation, the Commission shall adopt an implementing act setting out its decision. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 50(2).
- In the course of a market investigation pursuant to paragraph 1 of this Article, the Commission shall endeavour to communicate its preliminary findings to the undertaking providing core platform services concerned within 6 months from the date referred to in Article 16(3), point (a). In the preliminary findings, the Commission shall explain whether it considers, on a provisional basis, that it is appropriate for that undertaking to be designated as a gatekeeper pursuant to Article 3(8), and for the relevant core platform services to be listed pursuant to Article 3(9).
- Where the undertaking providing core platform services satisfies the thresholds set out in Article 3(2), but has presented sufficiently substantiated arguments in accordance with Article 3(5) that have manifestly called into question the presumption in Article 3(2), the Commission shall endeavour to conclude the market investigation within 5 months from the date referred to in Article 16(3), point (a).
In such a case, the Commission shall endeavour to communicate its preliminary findings pursuant to paragraph 2 of this Article to the undertaking concerned within 3 months from the date referred to in Article 16(3), point (a). - When the Commission, pursuant to Article 3(8), designates as a gatekeeper an undertaking providing core platform services that does not yet enjoy an entrenched and durable position in its operations, but which will foreseeably enjoy such a position in the near future, it may declare applicable to that gatekeeper only one or more of the obligations laid down in Article 5(3) to (6) and Article 6(4), (7), (9), (10) and (13),, as specified in the designation decision. The Commission shall only declare applicable those obligations that are appropriate and necessary to prevent the gatekeeper concerned from achieving, by unfair means, an entrenched and durable position in its operations. The Commission shall review such a designation in accordance with the procedure laid down in Article 4.