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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

1.   Any third party, including business users, competitors or end-users of the core platform services listed in the designation decision pursuant to Article 3(9), as well as their representatives, may inform the national competent authority of the Member State, enforcing the rules referred to in Article 1(6), or the Commission directly, about any practice or behaviour by gatekeepers that falls within the scope of this Regulation.

2.   The national competent authority of the Member State, enforcing the rules referred to in Article 1(6), and the Commission shall have full discretion as regards the appropriate measures and are under no obligation to follow-up on the information received.

3.   Where the national competent authority of the Member State, enforcing the rules referred to in Article 1(6), determines, based on the information received pursuant to paragraph 1 of this Article, that there may be an issue of non-compliance with this Regulation, it shall transfer that information to the Commission.

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  • 42

Recital 42

To safeguard a fair commercial environment and protect the contestability of the digital sector it is important to safeguard the right of business users and end users, including whistleblowers, to raise concerns about unfair practices by gatekeepers raising any issue of non-compliance with the relevant Union or national law with any relevant administrative or other public authorities, including national courts. For example, it is possible that business users or end users will want to complain about different types of unfair practices, such as discriminatory access conditions, unjustified closing of business user accounts or unclear grounds for product de-listings. Any practice that would in any way inhibit or hinder those users in raising their concerns or in seeking available redress, for instance by means of confidentiality clauses in agreements or other written terms, should therefore be prohibited. This prohibition should be without prejudice to the right of business users and gatekeepers to lay down in their agreements the terms of use including the use of lawful complaints-handling mechanisms, including any use of alternative dispute resolution mechanisms or of the jurisdiction of specific courts in compliance with respective Union and national law. This should also be without prejudice to the role gatekeepers play in the fight against illegal content online.

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

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