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Chapter IV – Market investigation (Art. 16-19)

Art. 16 DMA - Opening of a market investigation arrow_right_alt

  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 shall adopt a decision opening a market investigation.
  2. Notwithstanding paragraph 1, the Commission may exercise its investigative powers under this Regulation before opening a market investigation pursuant to that paragraph.
  3. The decision referred to in paragraph 1 shall specify:
    1. the date of opening of the market investigation;
    2. the description of the issue to which the market investigation relates to;
    3. the purpose of the market investigation.
  4. The Commission may reopen a market investigation that it has closed where:
    1. there has been a material change in any of the facts on which a decision adopted pursuant to Article 17, 18 or 19 was based; or
    2. the decision adopted pursuant to Article 17, 18 or 19 was based on incomplete, incorrect or misleading information.
  5. The Commission may ask one or more national competent authorities to assist it in its market investigation.
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  • 73

Recital 73

In order to ensure the full and lasting achievement of the objectives of this Regulation, the Commission should be able to assess whether an undertaking providing core platform services should be designated as a gatekeeper without meeting the quantitative thresholds laid down in this Regulation; whether systematic non-compliance by a gatekeeper warrants imposing additional remedies; whether more services within the digital sector should be added to the list of core platform services; and whether additional practices that are similarly unfair and limiting the contestability of digital markets need to be investigated. Such assessment should be based on market investigations to be carried out in an appropriate timeframe, by using clear procedures and deadlines, in order to support the ex ante effect of this Regulation on contestability and fairness in the digital sector, and to provide the requisite degree of legal certainty.

Art. 17 DMA - Market investigation for designating gatekeepers arrow_right_alt

Art. 18 DMA - Market investigation into systematic non-compliance arrow_right_alt

Art. 19 DMA - Market investigation into new services and new practices arrow_right_alt