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Chapter V – Investigative, enforcement and monitoring powers (Art. 20-43)

Art. 20 DMA - Opening of proceedings arrow_right_alt

Art. 21 DMA - Requests for information arrow_right_alt

Art. 22 DMA - Power to carry out interviews and take statements arrow_right_alt

Art. 23 DMA - Powers to conduct inspections arrow_right_alt

Art. 24 DMA - Interim measures arrow_right_alt

Art. 25 DMA - Commitments arrow_right_alt

Art. 26 DMA - Monitoring of obligations and measures arrow_right_alt

Art. 27 DMA - Information by third parties arrow_right_alt

Art. 28 DMA - Compliance function arrow_right_alt

Art. 29 DMA - Non-compliance arrow_right_alt

Art. 30 DMA - Fines arrow_right_alt

Art. 31 DMA - Periodic penalty payments arrow_right_alt

Art. 32 DMA - Limitation periods for the imposition of penalties arrow_right_alt

Art. 33 DMA - Limitation periods for the enforcement of penalties arrow_right_alt

Art. 34 DMA - Right to be heard and access to the file arrow_right_alt

Art. 35 DMA - Annual reporting arrow_right_alt

Art. 36 DMA - Professional secrecy arrow_right_alt

Art. 37 DMA - Cooperation with national authorities arrow_right_alt

Art. 38 DMA - Cooperation and coordination with national competent authorities enforcing competition rules arrow_right_alt

Art. 39 DMA - Cooperation with national courts arrow_right_alt

1. In proceedings for the application of this Regulation, national courts may ask the Commission to transmit to them information in its possession or its opinion on questions concerning the application of this Regulation.

2. Member States shall forward to the Commission a copy of any written judgment of national courts deciding on the application of this Regulation. Such copy shall be forwarded without delay after the full written judgment is notified to the parties.

3. Where the coherent application of this Regulation so requires, the Commission, acting on its own initiative, may submit written observations to national courts. With the permission of the court in question, it may also make oral observations.

4. For the purpose of the preparation of their observations only, the Commission may request the relevant national court to transmit or ensure the transmission to the Commission of any documents necessary for the assessment of the case.

5. National courts shall not give a decision which runs counter to a decision adopted by the Commission under this Regulation. They shall also avoid giving decisions which would conflict with a decision contemplated by the Commission in proceedings it has initiated under this Regulation. To that effect, the national court may assess whether it is necessary to stay its proceedings. This is without prejudice to the possibility for national courts to request a preliminary ruling under Article 267 TFEU.

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  • 92

Recital 92

In order to safeguard the harmonised application and enforcement of this Regulation, it is important to ensure that national authorities, including national courts, have all necessary information to ensure that their decisions do not run counter to a decision adopted by the Commission under this Regulation. National courts should be allowed to ask the Commission to send them information or opinions on questions concerning the application of this Regulation. At the same time, the Commission should be able to submit oral or written observations to national courts. This is without prejudice to the ability of national courts to request a preliminary ruling under Article 267 TFEU.

Art. 40 DMA - The high-level group arrow_right_alt

Art. 41 DMA - Request for a market investigation arrow_right_alt

Art. 42 DMA - Representative actions arrow_right_alt

Art. 43 DMA - Reporting of breaches and protection of reporting persons arrow_right_alt