Chapter V – Investigative, enforcement and monitoring powers (Art. 20-43)
Art. 20 DMA - Opening of proceedings
Art. 21 DMA - Requests for information
Art. 22 DMA - Power to carry out interviews and take statements
Art. 23 DMA - Powers to conduct inspections
Art. 24 DMA - Interim measures
Art. 25 DMA - Commitments
Art. 26 DMA - Monitoring of obligations and measures
Art. 27 DMA - Information by third parties
Art. 28 DMA - Compliance function
Art. 29 DMA - Non-compliance
Art. 30 DMA - Fines
- In the non-compliance decision, the Commission may impose on a gatekeeper fines not exceeding 10 % of its total worldwide turnover in the preceding financial year where it finds that the gatekeeper, intentionally or negligently, fails to comply with:
- any of the obligations laid down in Articles 5, 6 and 7;
- measures specified by the Commission in a decision adopted pursuant to Article 8(2);
- remedies imposed pursuant to Article 18(1);
- interim measures ordered pursuant to Article 24; or
- commitments made legally binding pursuant to Article 25.
- Notwithstanding paragraph 1 of this Article, in the non-compliance decision the Commission may impose on a gatekeeper fines up to 20 % of its total worldwide turnover in the preceding financial year where it finds that a gatekeeper has committed the same or a similar infringement of an obligation laid down in Article 5, 6 or 7 in relation to the same core platform service as it was found to have committed in a non-compliance decision adopted in the 8 preceding years.
- The Commission may adopt a decision, imposing on undertakings, including gatekeepers where applicable, and associations of undertakings, fines not exceeding 1 % of their total worldwide turnover in the preceding financial year where they intentionally or negligently:
- fail to provide within the time limit information that is required for assessing their designation as gatekeepers pursuant to Article 3 or supply incorrect, incomplete or misleading information;
- fail to comply with the obligation to notify the Commission according to Article 3(3);
- fail to notify information or supply incorrect, incomplete or misleading information that is required pursuant to Article 14;
- fail to submit the description or supply incorrect, incomplete or misleading information that is required pursuant to Article 15;
- fail to provide access to data, algorithms or information about testing in response to a request made pursuant to Article 21(3);
- fail to supply the information requested within the time limit fixed pursuant to Article 21(3) or supply incorrect, incomplete or misleading information or explanations that are requested pursuant to Article 21 or given in an interview pursuant to Article 22;
- fail to rectify within a time limit set by the Commission, incorrect, incomplete or misleading information given by a representative or a member of staff, or fail or refuse to provide complete information on facts relating to the subject-matter and purpose of an inspection, pursuant to Article 23;
- refuse to submit to an inspection pursuant to Article 23;
- fail to comply with the obligations imposed by the Commission pursuant to Article 26;
- fail to introduce a compliance function in accordance with Article 28; or
- fail to comply with the conditions for access to the Commission’s file pursuant to Article 34(4).
- In fixing the amount of a fine, the Commission shall take into account the gravity, duration, recurrence, and, for fines imposed pursuant to paragraph 3, delay caused to the proceedings.
- When a fine is imposed on an association of undertakings taking account of the worldwide turnover of its members and that association is not solvent, it shall be obliged to call for contributions from its members to cover the amount of the fine.
Where such contributions have not been made to the association of undertakings within a time limit set by the Commission, the Commission may require payment of the fine directly by any of the undertakings whose representatives were members of the decision-making bodies concerned of that association.
After having required payment in accordance with the second subparagraph, the Commission may require payment of the balance by any of the members of the association of undertakings, where necessary to ensure full payment of the fine.
However, the Commission shall not require payment pursuant to the second or the third subparagraph from undertakings which show that they have not implemented the decision of the association of undertakings that infringed this Regulation, and either were not aware of its existence, or have actively distanced themselves from it before the Commission opened proceedings under Article 20.
The financial liability of each undertaking in respect of the payment of the fine shall not exceed 20 % of its total worldwide turnover in the preceding financial year.
Compliance with the obligations imposed by this Regulation should be enforceable by means of fines and periodic penalty payments. To that end, appropriate levels of fines and periodic penalty payments should also be laid down for non-compliance with the obligations and breach of the procedural rules subject to appropriate limitation periods, in accordance with the principles of proportionality and ne bis in idem. The Commission and the relevant national authorities should coordinate their enforcement efforts in order to ensure that those principles are respected. In particular, the Commission should take into account any fines and penalties imposed on the same legal person for the same facts through a final decision in proceedings relating to an infringement of other Union or national rules, so as to ensure that the overall fines and penalties imposed correspond to the seriousness of the infringements committed.
In order to ensure effective recovery of fines imposed on associations of undertakings for infringements that they have committed, it is necessary to lay down the conditions on which it should be possible for the Commission to require payment of the fine from the members of that association of undertakings where it is not solvent.