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Chapter III – Practices of Gatekeepers that limit contestability or are unfair (Art. 5-15)

Art. 5 DMA - Obligations for gatekeepers arrow_right_alt

Art. 6 DMA - Obligations for gatekeepers susceptible of being further specified under Article 8 arrow_right_alt

Art. 7 DMA - Obligation for gatekeepers on interoperability of number-independent interpersonal communications services arrow_right_alt

Art. 8 DMA - Compliance with obligations for gatekeepers arrow_right_alt

Art. 9 DMA - Suspension arrow_right_alt

  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 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).
  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.
  3. 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.
  4. 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.
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  • 66

Recital 66

As an additional element to ensure proportionality, gatekeepers should be given an opportunity to request the suspension, to the extent necessary, of a specific obligation in exceptional circumstances that lie beyond the control of the gatekeeper, such as an unforeseen external shock that has temporarily eliminated a significant part of end user demand for the relevant core platform service, where compliance with a specific obligation is shown by the gatekeeper to endanger the economic viability of the Union operations of the gatekeeper concerned. The Commission should identify the exceptional circumstances justifying the suspension and review it on a regular basis in order to assess whether the conditions for granting it are still viable.

Art. 10 DMA - Exemption for grounds of public health and public security arrow_right_alt

Art. 11 DMA - Reporting arrow_right_alt

Art. 12 DMA - Updating obligations for gatekeepers arrow_right_alt

Art. 13 DMA - Anti-circumvention arrow_right_alt

Art. 14 DMA - Obligation to inform about concentrations arrow_right_alt

Art. 15 DMA - Obligation of an audit arrow_right_alt