§ Digital Markets Act · Article 34
DMA Article 34: Obligations, Deadlines & Penalties
At a glance
Article 34 of the DMA imposes 5 obligations on Commission. At least one obligation carries an explicit compliance deadline.
§ Obligations
All obligations under Article 34
Obligation 1
The Commission shall give the gatekeeper or undertaking or association of undertakings concerned the opportunity of being heard on preliminary findings and intended measures before adopting a decision.
Regulation (EU) 2022/1925, Article 34, Article 34
- Obligated entity
-
Commission
- Action required
-
hear
- Deadline
-
—
- Penalty
-
—
Obligation 2
The Commission shall set a time limit for submitting observations concerning preliminary findings, which may not be less than 14 days.
Regulation (EU) 2022/1925, Article 34, Article 34
- Obligated entity
-
Commission
- Action required
-
set deadline
- Deadline
-
not less than 14 days
- Penalty
-
—
Obligation 3
The Commission shall base its decisions only on preliminary findings on which gatekeepers, undertakings and associations of undertakings concerned have been able to comment.
Regulation (EU) 2022/1925, Article 34, Article 34
- Obligated entity
-
Commission
- Action required
-
base decision
- Deadline
-
—
- Penalty
-
—
Obligation 4
The rights of defence of the gatekeeper, undertaking or association of undertakings concerned shall be fully respected in any proceedings.
Regulation (EU) 2022/1925, Article 34, Article 34
- Obligated entity
-
Commission
- Action required
-
respect
- Deadline
-
—
- Penalty
-
—
Obligation 5
The gatekeeper, undertaking or association of undertakings concerned shall be entitled to have access to the Commission's file under terms of disclosure, subject to the protection of business secrets.
Regulation (EU) 2022/1925, Article 34, Article 34
- Obligated entity
-
Commission
- Action required
-
grant access
- Deadline
-
—
- Penalty
-
—
- Exemptions
- confidential information and internal documents of the Commission or competent authorities
§ Frequently asked
Questions about Article 34
Who must comply with Article 34 of the DMA?
+
Commission.
What does Article 34 of the DMA require?
+
hear set deadline base decision
What is the compliance deadline for DMA Article 34?
+
not less than 14 days