§ Digital Markets Act · Article 9

DMA Article 9: Obligations, Deadlines & Penalties

Regulation (EU) 2022/1925, Article 9 · All obligations · Digital Markets Act

At a glance

Article 9 of the DMA imposes 5 obligations on Commission. At least one obligation carries an explicit compliance deadline.

§ Obligations

All obligations under Article 9

Obligation 1

The Commission shall substantiate its suspension decision by identifying the exceptional circumstances justifying the suspension. Regulation (EU) 2022/1925, Article 9, Article 9

Obligated entity: Commission
Action required: substantiate
Deadline: —
Penalty: —

Obligation 2

The Commission shall aim to adopt the implementing act without delay and at the latest 3 months following receipt of a complete reasoned request. Regulation (EU) 2022/1925, Article 9, Article 9

Obligated entity: Commission
Action required: adopt
Deadline: 3 months following receipt of a complete reasoned request
Penalty: —

Obligation 3

Where suspension is granted, the Commission shall review its suspension decision every year, unless a shorter interval is specified in that decision. Regulation (EU) 2022/1925, Article 9, Article 9

Obligated entity: Commission
Action required: review
Deadline: every year
Penalty: —

Obligation 4

Following the review, the Commission shall either wholly or partly lift the suspension, or decide that the conditions in paragraph 1 continue to be met. Regulation (EU) 2022/1925, Article 9, Article 9

Obligated entity: Commission
Action required: decide
Deadline: —
Penalty: —

Obligation 5

In assessing the request, the Commission shall take into account the impact of compliance on the economic viability of the gatekeeper and on third parties, particularly SMEs and consumers. Regulation (EU) 2022/1925, Article 9, Article 9

Obligated entity: Commission
Action required: assess
Deadline: —
Penalty: —

§ Frequently asked

Questions about Article 9

Who must comply with Article 9 of the DMA? +

Commission.

What does Article 9 of the DMA require? +

substantiate adopt review

What is the compliance deadline for DMA Article 9? +

3 months following receipt of a complete reasoned request; every year

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