- 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. 9 DMA
Suspension
- 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 service listed in the designation decision pursuant to Article 3(9) would endanger, due to exceptional circumstances beyond the gatekeeper’s control, the economic viability of its operation in the Union, the Commission may adopt an implementing act setting out its decision to exceptionally suspend, in whole or in part, the specific obligation referred to in that reasoned request (‘the suspension decision’). In that implementing act, the Commission shall substantiate its suspension decision by identifying the exceptional circumstances justifying the suspension. That implementing act shall be limited to the extent and the duration necessary to address such threat to the gatekeeper’s viability. The Commission shall aim to adopt that implementing act without delay and at the latest 3 months following receipt of a complete reasoned request. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 50(2).
- Where suspension is granted pursuant to paragraph 1, the Commission shall review its suspension decision every year, unless a shorter interval is specified in that decision. Following such a review the Commission shall either wholly or partly lift the suspension, or decide that the conditions in paragraph 1 continue to be met.
- In cases of urgency, the Commission may, acting on a reasoned request by a gatekeeper, provisionally suspend the application of a specific obligation referred to in paragraph 1 to one or more individual core platform services already prior to the decision pursuant to that paragraph. Such a request may be made and granted at any time pending the assessment of the Commission pursuant to paragraph 1.
- In assessing the request referred to in paragraphs 1 and 3, the Commission shall take into account, in particular, the impact of the compliance with the specific obligation on the economic viability of the operation of the gatekeeper in the Union as well as on third parties, in particular SMEs and consumers. The suspension may be made subject to conditions and obligations to be defined by the Commission in order to ensure a fair balance between those interests and the objectives of this Regulation.