Digital Markets Act
The main legislative texts for the DMA are 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 the Procedural Implementing Regulation.
The DMA contains the main rules for the designation of gatekeepers and the implementation of the obligations and prohibitions imposed on them.
Procedural Implementing Regulation
The Procedural Implementing Regulation (EU) 2023/824 details procedural aspects related to the implementation and enforcement of the DMA, such as the right for parties to be heard and to access the file, and it includes the notification form which potential gatekeepers have to use when providing certain figures to the Commission in the designation process. It aims to ensure effective proceedings, as well as to provide legal certainty on procedural rights and obligations to the companies concerned, including those who will be designated as gatekeepers.
Please submit your Form GD and a PoA if needed, using eTrustex stating the relevant DMA case numbers in the subject. Please also send your Form GD by email to EC-DMAec [dot] europa [dot] eu (EC-DMA[at]ec[dot]europa[dot]eu) and the relevant CPS mailing lists.
In case you have not received an email listing your DMA case numbers, please submit your Form GD via eTrustex stating “DMA Form GD” in the subject and send a copy to EC-DMAec [dot] europa [dot] eu (EC-DMA[at]ec[dot]europa[dot]eu).
When submitting your Form GD in eTrustex you will receive an upload notice. You will, in addition, receive an acknowledgement of receipt from the DMA Registry once your submission has been processed.
Notices and Guidelines
In the field of the DMA, notices and guidelines play an important role for the interpretation of the DMA Regulation.
Commission Notices, Communications and Guidelines are capable of producing legal effects. Notices are not binding on EU courts. Guidelines are rules of practice, not rules of law.
Commission Decision establishing a High Level Group on the Digital Markets Act
On 23 March 2023, the European Commission adopted a decision to establish a High Level Group on the DMA. The group will be composed of 30 representatives nominated from the Body of the European Regulators for Electronic Communications (BEREC), the European Data Protection Supervisor (EDPS) and European Data Protection Board, the European Competition Network (ECN), the Consumer Protection Cooperation Network (CPC Network), and the European Regulatory Group of Audiovisual Media Regulators (ERGA). The High Level Group can provide the Commission with advice and expertise with the aim of ensuring that the DMA and other sectoral regulations applicable to gatekeepers are implemented in a coherent and complementary manner.