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Document 32023R0814

Digital Markets Act – conduct of certain proceedings by the Commission

Date of last review:
07/05/2024
Initial creation date:
03/06/2024
Summarised document(s):
Author:
Publications Office of the European Union
Responsible entity(ies):
Directorate-General for Communications Networks, Content and Technology

Digital Markets Act – conduct of certain proceedings by the Commission

 

SUMMARY OF:

Commission Implementing Regulation (EU) 2023/814 on detailed arrangements for the conduct of certain proceedings by the Commission in relation to the Digital Markets Act

WHAT IS THE AIM OF THE IMPLEMENTING REGULATION?

The implementing regulation sets out detailed rules for ‘gatekeepers’ (large online digital platforms, as designated by Regulation (EU) 2022/1925, the Digital Markets Act – see summary), and, in specific cases, undertakings or associations of undertakings concerning:

  • notifications and submissions of information,
  • proceedings in the event of non-compliance,
  • protecting confidential information,
  • access to file, and
  • time limits.

KEY POINTS

Notifications and submissions of information

  • Potential gatekeepers must notify the European Commission within 2 months of meeting the presumptive thresholds specified in Article 3(2) of the Digital Markets Act.
  • Gatekeepers may engage in pre-notification contacts with the Commission to ensure effective designation proceedings.
  • For the notification, Form GD (as provided in Annex I to the regulation) must be used to submit information to the Commission, including information on turnover, market capitalisation, user numbers, etc.
  • Notifying undertakings may also submit, in an annex to their notification, arguments seeking to rebut the presumption that they are gatekeepers.
  • Form GD and supporting documents must be supplied in the format and with the maximum length set out in Annex II to the regulation.
  • Natural or legal persons providing information to the Commission can submit reasoned requests that information be treated confidentially.

Conduct of proceedings

  • The Commission may decide to open proceedings against a designated gatekeeper for possible non-compliance with the obligations prescribed in the Digital Markets Act at any time, but no later than the date on which it issues its preliminary findings.
  • Recipients can respond in writing, in accordance with the format and length requirements in Annex II and within the time limit set by the Commission (which may not be less than 14 days).

Confidentiality

  • Information from third parties collected by the Commission must not be disclosed to the gatekeeper if it contains business secrets or other confidential information.
  • The Commission can disclose information if it does not deem it confidential or if there is an overriding interest, following a process of engagement with the natural or legal person claiming confidentiality.

Access to file

  • Upon request, the Commission must grant access to file to the gatekeeper to which it addressed preliminary findings, but not before the notification of the preliminary findings.
  • The gatekeeper itself has access to non-confidential versions of all documents mentioned in the preliminary findings.
  • The gatekeeper’s external advisors (e.g. its legal, economic and technical counsel) will have access to the complete file (including confidential versions, subject to possible exceptions at the Commission’s discretion) on terms set out in a Commission decision.

Time limits

  • Time limits set by the Commission must take into account all relevant elements of fact and law and all the interests concerned, in particular the possibility for individuals to exercise their right to be heard and the expediency of the proceedings.
  • Time limits may be extended upon reasoned request where appropriate.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 2 May 2023.

BACKGROUND

The Digital Markets Act is part of a legislative package that also includes the Digital Services Act (see summary).

For further information, see:

MAIN DOCUMENT

Commission Implementing Regulation (EU) 2023/814 of 14 April 2023 on detailed arrangements for the conduct of certain proceedings by the Commission pursuant to Regulation (EU) 2022/1925 of the European Parliament and of the Council (OJ L 102, 17.4.2023, pp. 6–19).

RELATED DOCUMENTS

Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ L 265, 12.10.2022, pp. 1–66).

Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, pp. 73–114).

last update 07.05.2024

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