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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

Art. 40 DMA - The high-level group arrow_right_alt

  1. The Commission shall establish a high-level group for the Digital Markets Act (‘the high-level group’).
  2. The high-level group shall be composed of the following European bodies and networks:
    1. Body of the European Regulators for Electronic Communications;
    2. European Data Protection Supervisor and European Data Protection Board;
    3. European Competition Network;
    4. Consumer Protection Cooperation Network; and
    5. European Regulatory Group of Audiovisual Media Regulators.
  3. The European bodies and networks referred to in paragraph 2 shall each have an equal number of representatives in the high-level group. The maximum number of members of the high-level group shall not exceed 30.
  4. The Commission shall provide secretariat services to the high-level group in order to facilitate its work. The high-level group shall be chaired by the Commission, which shall participate in its meetings. The high-level group shall meet upon request of the Commission at least once per calendar year. The Commission shall also convene a meeting of the group when so requested by the majority of the members composing the group in order to address a specific issue.
  5. The high-level group may provide the Commission with advice and expertise in the areas falling within the competences of its members, including:
    1. advice and recommendations within their expertise relevant for any general matter of implementation or enforcement of this Regulation; or
    2. advice and expertise promoting a consistent regulatory approach across different regulatory instruments.
  6. The high-level group may, in particular, identify and assess the current and potential interactions between this Regulation and the sector-specific rules applied by the national authorities composing the European bodies and networks referred to in paragraph 2 and submit an annual report to the Commission presenting such assessment and identifying potential trans-regulatory issues. Such report may be accompanied by recommendations aiming at converging towards consistent transdisciplinary approaches and synergies between the implementation of this Regulation and other sectoral regulations. The report shall be communicated to the European Parliament and to the Council.
  7. In the context of market investigations into new services and new practices, the high-level group may provide expertise to the Commission on the need to amend, add or remove rules in this Regulation, to ensure that digital markets across the Union are contestable and fair.
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  • 93

Recital 93

In order to ensure coherence and effective complementarity in the implementation of this Regulation and of other sectoral regulations applicable to gatekeepers, the Commission should benefit from the expertise of a dedicated high-level group. It should be possible for that high-level group to also assist the Commission by means of advice, expertise and recommendations, when relevant, in general matters relating to the implementation or enforcement of this Regulation. The high-level group should be composed of the relevant European bodies and networks, and its composition should ensure a high level of expertise and a geographical balance. The members of the high-level group should regularly report to the bodies and networks they represent regarding the tasks performed in the context of the group, and consult them in that regard.

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