keyboard_tab Digital Market Act 2022/1925 EN
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- Article 1 Subject matter and scope
- Article 2 Definitions
- Article 3 Designation of gatekeepers
- Article 4 Review of the status of gatekeeper
- Article 5 Obligations for gatekeepers
- Article 6 Obligations for gatekeepers susceptible of being further specified under Article 8
- Article 7 Obligation for gatekeepers on interoperability of number-independent interpersonal communications services
- Article 8 Compliance with obligations for gatekeepers
- Article 9 Suspension
- Article 10 Exemption for grounds of public health and public security
- Article 11 Reporting
- Article 12 Updating obligations for gatekeepers
- Article 13 Anti-circumvention
- Article 14 Obligation to inform about concentrations
- Article 15 Obligation of an audit
- Article 16 Opening of a market investigation
- Article 17 Market investigation for designating gatekeepers
- Article 18 Market investigation into systematic non-compliance
- Article 19 Market investigation into new services and new practices
- Article 20 Opening of proceedings
- Article 21 Requests for information
- Article 22 Power to carry out interviews and take statements
- Article 23 Powers to conduct inspections
- Article 24 Interim measures
- Article 25 Commitments
- Article 26 Monitoring of obligations and measures
- Article 27 Information by third parties
- Article 28 Compliance function
- Article 29 Non-compliance
- Article 30 Fines
- Article 31 Periodic penalty payments
- Article 32 Limitation periods for the imposition of penalties
- Article 33 Limitation periods for the enforcement of penalties
- Article 34 Right to be heard and access to the file
- Article 35 Annual reporting
- Article 36 Professional secrecy
- Article 37 Cooperation with national authorities
- Article 38 Cooperation and coordination with national competent authorities enforcing competition rules
- Article 39 Cooperation with national courts
- Article 40 The high-level group
- Article 41 Request for a market investigation
- Article 42 Representative actions
- Article 43 Reporting of breaches and protection of reporting persons
- Article 44 Publication of decisions
- Article 45 Review by the Court of Justice
- Article 46 Implementing provisions
- Article 47 Guidelines
- Article 48 Standardisation
- Article 49 Exercise of the delegation
- Article 50 Committee procedure
- Article 51 Amendment to Directive (EU) 2019/1937
- Article 52 Amendment to Directive (EU) 2020/1828
- Article 53 Review
- Article 54 Entry into force and application
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
CHAPTER II
GATEKEEPERS
CHAPTER III
PRACTICES OF GATEKEEPERS THAT LIMIT CONTESTABILITY OR ARE UNFAIR
CHAPTER IV
MARKET INVESTIGATION
CHAPTER V
INVESTIGATIVE, ENFORCEMENT AND MONITORING POWERS
CHAPTER VI
FINAL PROVISIONS
- gatekeeper
- core platform service
- information society service
- digital sector
- online intermediation services
- online search engine
- online social networking service
- video-sharing platform service
- number-independent interpersonal communications service
- operating system
- web browser
- virtual assistant
- cloud computing service
- software application stores
- software application
- payment service
- technical service supporting payment service
- payment system for in-app purchases
- identification service
- end user
- business user
- ranking
- search results
- data
- personal data
- non-personal data
- undertaking
- control
- interoperability
- turnover
- profiling
- consent
- national court
- General
- Active end users
- Active business users
- Submission of information
- Specific definitions
- article 8
- regulation 5
- services 5
- down 5
- laid 5
- within 4
- obligations 4
- core_platform_services 4
- shall 4
- investigation 4
- commission 4
- practices 3
- from 3
- digital_sector 3
- under 3
- list 3
- the 3
- market 3
- point 3
- and 2
- findings 2
- delegated 2
- draft 2
- appropriate 2
- chapter 2
- end_users 2
- relevant 2
- amend 2
- business_users 2
- proposal 2
- legislative 2
- include 2
- report 2
- into 2
- supplementing 2
- remove 2
- purpose 2
- existing 2
- regard 2
- accompanied 1
- date 1
- referred 1
- submitted 1
- european 1
- monitoring 1
- parliament 1
- council 1
- point 1
- enforcement 1
- investigative 1
Article 19
Market investigation into new services and new practices
1. The Commission may conduct a market investigation for the purpose of examining whether one or more services within the digital_sector should be added to the list of core_platform_services laid down in Article 2, point (2) or for the purpose of detecting practices that limit the contestability of core_platform_services or that are unfair and which are not effectively addressed by this Regulation. In its assessment, the Commission shall take into account any relevant findings of proceedings under Articles 101 and 102 TFEU concerning digital markets as well as any other relevant developments.
2. The Commission may, when conducting a market investigation pursuant to paragraph 1, consult third parties, including business_users and end_users of services within the digital_sector that are being investigated and business_users and end_users who are subject to practices under investigation.
3. The Commission shall publish its findings in a report within 18 months from the date referred to in Article 16(3), point (a).
That report shall be submitted to the European Parliament and to the Council and, where appropriate, shall be accompanied by:
(a) | a legislative proposal to amend this Regulation in order to include additional services within the digital_sector in the list of core_platform_services laid down in Article 2, point (2), or to include new obligations in Chapter III; or |
(b) | a draft delegated act supplementing this Regulation with regard to the obligations laid down in Articles 5 and 6, or a draft delegated act amending or supplementing this Regulation with regard to the obligations laid down in Article 7, as provided for in Article 12. |
Where appropriate, the legislative proposal to amend this Regulation under point (a) of the second subparagraph may also propose to remove existing services from the list of core_platform_services laid down in Article 2, point (2), or to remove existing obligations from Article 5, 6 or 7.
CHAPTER V
INVESTIGATIVE, ENFORCEMENT AND MONITORING POWERS
whereas