Art. 16 Opening of a market investigation | DMA regulation | DMA

This article serves as the procedural gateway for market investigations under the DMA, establishing the formal requirements the Commission must follow before it can conduct the investigations described in Articles 17, 18 and 19.

It sets out what a decision to open a market investigation must contain, allows the Commission to reopen closed investigations under certain conditions, and permits national competent authorities to be called upon for assistance.

Important points:

The Commission is required to formally adopt a decision to open a market investigation before pursuing decisions under Articles 17, 18 and 19, though it may exercise its investigative powers prior to doing so.
The Commission may reopen a closed market investigation where there has been a material change in the underlying facts or where the original decision was based on incomplete, incorrect or misleading information.
The Commission may request one or more national competent authorities to assist in a market investigation.

1. When the Commission intends to carry out a market investigation with a view to the possible adoption of decisions pursuant to Articles 17, 18 and 19 it shall adopt a decision opening a market investigation.
1. Notwithstanding paragraph 1, the Commission may exercise its investigative powers under this Regulation before opening a market investigation pursuant to that paragraph.
1. The decision referred to in paragraph 1 shall specify:
  1. the date of opening of the market investigation;
  2. the description of the issue to which the market investigation relates to;
  3. the purpose of the market investigation.
1. The Commission may reopen a market investigation that it has closed where:
  1. there has been a material change in any of the facts on which a decision adopted pursuant to Article 17, 18 or 19 was based; or
  2. the decision adopted pursuant to Article 17, 18 or 19 was based on incomplete, incorrect or misleading information.
1. The Commission may ask one or more national competent authorities to assist it in its market investigation.