§ Digital Markets Act · Article 17
DMA Article 17: Obligations, Deadlines & Penalties
At a glance
Article 17 of the DMA imposes 8 obligations on Commission. At least one obligation carries an explicit compliance deadline.
§ Obligations
All obligations under Article 17
Obligation 1
The Commission shall endeavour to conclude its market investigation within 12 months from the date referred to in Article 16(3), point (a).
Regulation (EU) 2022/1925, Article 17, Article 17
- Obligated entity
-
Commission
- Action required
-
conclude
- Deadline
-
12 months from the date referred to in Article 16(3), point (a)
- Penalty
-
—
Obligation 2
In order to conclude its market investigation, the Commission shall adopt an implementing act setting out its decision.
Regulation (EU) 2022/1925, Article 17, Article 17
- Obligated entity
-
Commission
- Action required
-
adopt
- Deadline
-
—
- Penalty
-
—
Obligation 3
The Commission shall endeavour to communicate its preliminary findings to the undertaking providing core platform services concerned within 6 months from the date referred to in Article 16(3), point (a).
Regulation (EU) 2022/1925, Article 17, Article 17
- Obligated entity
-
Commission
- Action required
-
communicate
- Deadline
-
6 months from the date referred to in Article 16(3), point (a)
- Penalty
-
—
Obligation 4
In the preliminary findings, the Commission shall explain whether it considers, on a provisional basis, that it is appropriate for that undertaking to be designated as a gatekeeper.
Regulation (EU) 2022/1925, Article 17, Article 17
- Obligated entity
-
Commission
- Action required
-
explain
- Deadline
-
—
- Penalty
-
—
Obligation 5
Where the undertaking satisfies thresholds but presents substantiated arguments calling into question the presumption, the Commission shall endeavour to conclude the market investigation within 5 months from the date referred to in Article 16(3), point (a).
Regulation (EU) 2022/1925, Article 17, Article 17
- Obligated entity
-
Commission
- Action required
-
conclude
- Deadline
-
5 months from the date referred to in Article 16(3), point (a)
- Penalty
-
—
Obligation 6
In cases where the undertaking presents substantiated arguments, the Commission shall endeavour to communicate its preliminary findings to the undertaking concerned within 3 months from the date referred to in Article 16(3), point (a).
Regulation (EU) 2022/1925, Article 17, Article 17
- Obligated entity
-
Commission
- Action required
-
communicate
- Deadline
-
3 months from the date referred to in Article 16(3), point (a)
- Penalty
-
—
Obligation 7
The Commission shall only declare applicable those obligations that are appropriate and necessary to prevent the gatekeeper concerned from achieving, by unfair means, an entrenched and durable position in its operations.
Regulation (EU) 2022/1925, Article 17, Article 17
- Obligated entity
-
Commission
- Action required
-
declare
- Deadline
-
—
- Penalty
-
—
Obligation 8
The Commission shall review such a designation in accordance with the procedure laid down in Article 4.
Regulation (EU) 2022/1925, Article 17, Article 17
- Obligated entity
-
Commission
- Action required
-
review
- Deadline
-
—
- Penalty
-
—
§ Frequently asked
Questions about Article 17
Who must comply with Article 17 of the DMA?
+
Commission.
What does Article 17 of the DMA require?
+
conclude adopt communicate
What is the compliance deadline for DMA Article 17?
+
12 months from the date referred to in Article 16(3), point (a); 3 months from the date referred to in Article 16(3), point (a); 5 months from the date referred to in Article 16(3), point (a); 6 months from the date referred to in Article 16(3), point (a)