DMA Article 38: Obligations, Deadlines & Penalties

The Commission and national competent authorities shall cooperate with each other and inform each other about their respective enforcement actions through the European Competition Network (ECN). Regulation (EU) 2022/1925, Article 38, Article 38

The Commission and national competent authorities shall have the power to provide one another with any information regarding a matter of fact or of law, including confidential information. Regulation (EU) 2022/1925, Article 38, Article 38

Where the competent authority is not a member of the ECN, the Commission shall make the necessary arrangements for cooperation and exchange of information on cases concerning the enforcement of this Regulation and the enforcement of cases referred to in Article 1(6) of such authorities. Regulation (EU) 2022/1925, Article 38, Article 38

Where a national competent authority intends to launch an investigation on gatekeepers based on national laws, it shall inform the Commission in writing of the first formal investigative measure, before or immediately after the start of such measure. Regulation (EU) 2022/1925, Article 38, Article 38

Where a national competent authority intends to impose obligations on gatekeepers based on national laws, it shall, no later than 30 days before its adoption, communicate the draft measure to the Commission stating the reasons for the measure. Regulation (EU) 2022/1925, Article 38, Article 38

In the case of interim measures, the national competent authority shall communicate to the Commission the draft measures envisaged as soon as possible, and at the latest immediately after the adoption of such measures. Regulation (EU) 2022/1925, Article 38, Article 38

Information exchanged pursuant to paragraphs 1 to 3 of this Article shall only be exchanged and used for the purpose of coordination of the enforcement of this Regulation and the rules referred to in Article 1(6). Regulation (EU) 2022/1925, Article 38, Article 38

Where it has the competence and investigative powers to do so under national law, a national competent authority may, on its own initiative, conduct an investigation into a case of possible non-compliance with Articles 5, 6 and 7 of this Regulation on its territory. Before taking a first formal investigative measure, that authority shall inform the Commission in writing. Regulation (EU) 2022/1925, Article 38, Article 38

Those authorities shall report to the Commission on the findings of such investigation in order to support the Commission in its role as sole enforcer of this Regulation. Regulation (EU) 2022/1925, Article 38, Article 38