Art. 3 Effective date of notifications and submissions of information | Conduct of certain Commission proceedings | DMA

This article directly follows from Article 2, which sets out the requirements for notifications and submissions.

Article 3 deals with what happens when those submissions are incomplete, incorrect, or change over time.

At its core, it establishes that an incomplete submission does not become effective until the Commission has received the full picture, and it places an ongoing duty on the notifying undertaking to keep the Commission informed of any developments while the notification is under review.

Importantly, the article also clarifies that incorrect or misleading information is treated as incomplete information, closing any potential loophole.

Important points:

The Commission is required to notify the undertaking in writing without undue delay if a submission is materially incomplete, with the submission only becoming effective once complete information is received.
Notifying undertakings must communicate any material changes or newly discovered information to the Commission without undue delay for as long as the notification remains under review.
Partly or totally incorrect or misleading information is explicitly treated as incomplete information for the purposes of this article.

1. Where the information contained in a notification or in a submission of information or of substantiated arguments referred to in Article 2(1), (2) and (3) of this Regulation is incomplete in any material respect, the Commission shall inform the undertaking concerned or its representatives in writing without undue delay. In such a case, the notification or submission shall become effective on the date on which the complete information is received by the Commission or on the date on which the Commission informs the undertaking concerned that, in light of the relevant circumstances, the information requested is no longer necessary.
1. If a notification, or a submission of information or of substantiated arguments referred to in Article 2(1), (2) and (3) covers two or more core platform services, the Commission may specify that the information contained in the notification or submission is incomplete only in relation to one or more of those core platform services. In such a case, with respect to these core platform services only, the notification or the submission shall become effective on the date on which the complete information is received by the Commission or on the date on which the Commission informs the undertaking concerned that, in light of the relevant circumstances, the information requested is no longer necessary.
1. While a notification is under review, the notifying undertaking shall communicate the following to the Commission, without undue delay.
  1. any material changes in the facts presented in the notification or submission of information or of substantiated arguments referred to in Article 2(1), (2) or (3) coming to light subsequently to the relevant notification or submission, which the undertaking knows or ought to know;
  2. any new information coming to light subsequent to the notification or submission, which the undertaking knows or ought to know and which would have had to be submitted if known at the time of its notification or submission.
1. The Commission shall inform the undertaking concerned of the receipt of the communication concerning the material changes or new information pursuant to paragraph 3 in writing and without undue delay. Where such changes or information could have a significant effect on the Commission’s assessment of the notification, of the submission of information or of substantiated arguments referred to in Article 2(1), (2) or (3), the notification or submission shall be deemed to be effective on the date on which the relevant information is received by the Commission. The Commission shall inform the undertaking thereof.
1. For the purposes of this Article, partly or totally incorrect or misleading information shall be considered to constitute incomplete information.