Art. 25 Commitments | DMA regulation | DMA

This article establishes a commitments mechanism that sits within the context of systematic non-compliance proceedings under Article 18.

It allows a gatekeeper, during those proceedings, to proactively offer commitments to bring itself into compliance with its core obligations.

The Commission can then make those commitments legally binding and close the case.

However, the Commission retains the power to reopen proceedings under certain conditions, and if it finds the offered commitments insufficient, it must explain why it declined to make them binding.

Important points:

Gatekeepers may offer commitments during Article 18 proceedings, which the Commission can make legally binding and use to close the case.
The Commission may reopen proceedings if there is a material change in facts, the gatekeeper acts contrary to its commitments, the decision was based on incorrect or misleading information, or the commitments prove ineffective.
If the Commission rejects a gatekeeper's offered commitments as insufficient, it is required to provide reasons for that rejection in the closing decision.

1. If, during proceedings under Article 18, the gatekeeper concerned offers commitments for the relevant core platform services to ensure compliance with the obligations laid down in Articles 5, 6 and 7 the Commission may adopt an implementing act making those commitments binding on that gatekeeper and declare that there are no further grounds for action. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 50(2).
1. The Commission may, upon request or on its own initiative, reopen by decision the relevant proceedings, where:
  1. there has been a material change in any of the facts on which the decision was based;
  2. the gatekeeper concerned acts contrary to its commitments;
  3. the decision was based on incomplete, incorrect or misleading information provided by the parties;
  4. the commitments are not effective.
1. If the Commission considers that the commitments submitted by the gatekeeper concerned cannot ensure effective compliance with the obligations laid down in Articles 5, 6 and 7, it shall explain the reasons for not making those commitments binding in the decision concluding the relevant proceedings.