Source: OJ L 265, 12.10.2022, pp. 1–66 · Consolidated textCurrent language: EN
- Digital markets act
Basic legislative acts
- DMA regulation
Article 20 Opening of proceedings
Summary What does Article 20 of the DMA regulation say?
This is a brief procedural article that governs how the Commission formally initiates enforcement proceedings.
It establishes that before the Commission can adopt decisions on compliance measures, non-compliance findings, or fines (as covered in Articles 8, 29, and 30), it must first formally adopt a decision to open proceedings.
Notably, the article also clarifies that the Commission is not required to wait for that formal opening before exercising its investigative powers.
Important points:
- The Commission is required to formally adopt a decision to open proceedings before it can move toward enforcement decisions under Articles 8, 29, and 30.
- The Commission retains the ability to exercise its investigative powers under this Regulation prior to formally opening proceedings.
- This article acts as a procedural gateway, linking investigative activity to the enforcement decisions that follow.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
Where the Commission intends to open proceedings with a view to the possible adoption of decisions pursuant to Articles 8, 29 and 30, it shall adopt a decision opening a proceeding.
Notwithstanding paragraph 1, the Commission may exercise its investigative powers under this Regulation before opening proceedings pursuant to that paragraph.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.