keyboard_tab Digital Market Act 2022/1925 EN
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- 2 Article 19 Market investigation into new services and new practices
- 1 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 11
- shall 10
- regulation 8
- commission 8
- down 7
- laid 7
- the 6
- services 5
- obligations 5
- core_platform_services 5
- investigation 4
- list 4
- within 4
- report 4
- end_users 3
- and 3
- market 3
- under 3
- appropriate 3
- markets 3
- european 3
- from 3
- include 3
- relevant 3
- legislative 3
- business_users 3
- digital_sector 3
- practices 3
- point 3
- whether 3
- evaluations 3
- regard 2
- have 2
- fair 2
- referred 2
- contestable 2
- parliament 2
- assess 2
- council 2
- evaluate 2
- supplementing 2
- enforcement 2
- amend 2
- point 2
- existing 2
- chapter 2
- remove 2
- draft 2
- including 2
- delegated 2
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
Article 53
Review
1. By 3 May 2026, and subsequently every 3 years, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee.
2. The evaluations shall assess whether the aims of this Regulation of ensuring contestable and fair markets have been achieved and assess the impact of this Regulation on business_users, especially SMEs, and end_users. Moreover, the Commission shall evaluate if the scope of Article 7 may be extended to online_social_networking_services.
3. The evaluations shall establish whether it is required to modify rules, including regarding the list of core_platform_services laid down in Article 2, point (2), the obligations laid down in Articles 5, 6 and 7 and their enforcement, to ensure that digital markets across the Union are contestable and fair. Following the evaluations, the Commission shall take appropriate measures, which may include legislative proposals.
4. The competent authorities of Member States shall provide any relevant information they have that the Commission may require for the purposes of drawing up the report referred to in paragraph 1.
whereas