Art. 38 Cooperation and coordination with national competent authorities enforcing competition rules | DMA regulation | DMA

This article governs the cooperation and coordination framework between the Commission and national competent authorities in enforcing the DMA.

It builds directly on Article 37, which establishes the general principle of close cooperation, by setting out the concrete mechanisms through which that cooperation operates in practice.

The central theme is information sharing and procedural coordination: national authorities must keep the Commission informed of their investigative and enforcement actions against gatekeepers under national law, and the Commission retains its position as the sole enforcer of the DMA itself.

Crucially, once the Commission opens proceedings under Article 20, any parallel national investigation into the same potential non-compliance must cease.

Important points:

National competent authorities are required to notify the Commission in writing before or immediately after launching an investigation into a gatekeeper under national law, and must communicate draft obligations to the Commission at least 30 days before adoption.
Information exchanged under this article may only be used for coordinating enforcement of the DMA and the related national competition rules — not for any other purpose.
The Commission is the sole enforcer of the DMA: once it opens proceedings under Article 20, national authorities lose the ability to conduct their own parallel investigations and must report their findings to the Commission.

1. The Commission and the national competent authorities of the Member States enforcing the rules referred to in Article 1(6) shall cooperate with each other and inform each other about their respective enforcement actions through the European Competition Network (ECN). They shall have the power to provide one another with any information regarding a matter of fact or of law, including confidential information. Where the competent authority is not a member of the ECN, the Commission shall make the necessary arrangements for cooperation and exchange of information on cases concerning the enforcement of this Regulation and the enforcement of cases referred to in Article 1(6) of such authorities. The Commission may lay down such arrangements in an implementing act as referred to in Article 46(1), point (l).
1. Where a national competent authority of the Member States enforcing the rules referred to in Article 1(6) intends to launch an investigation on gatekeepers based on national laws referred to in Article 1(6), it shall inform the Commission in writing of the first formal investigative measure, before or immediately after the start of such measure. This information may also be made available to the national competent authorities enforcing the rules referred to in Article 1(6) of the other Member States.
1. Where a national competent authority of the Member States enforcing the rules referred to in Article 1(6) intends to impose obligations on gatekeepers based on national laws referred to in Article 1(6), it shall, no later than 30 days before its adoption, communicate the draft measure to the Commission stating the reasons for the measure. In the case of interim measures, the national competent authority of the Member States enforcing the rules referred to in Article 1(6) shall communicate to the Commission the draft measures envisaged as soon as possible, and at the latest immediately after the adoption of such measures. This information may also be made available to the national competent authorities enforcing the rules referred to in Article 1(6) of the other Member States.
1. The information mechanisms provided for in paragraphs 2 and 3 shall not apply to decisions envisaged pursuant to national merger rules.
1. Information exchanged pursuant to paragraphs 1 to 3 of this Article shall only be exchanged and used for the purpose of coordination of the enforcement of this Regulation and the rules referred to in Article 1(6).
1. The Commission may ask national competent authorities of the Member States enforcing the rules referred to in Article 1(6) to support any of its market investigations pursuant to this Regulation.
1. Where it has the competence and investigative powers to do so under national law, a national competent authority of the Member States enforcing the rules referred to in Article 1(6) may, on its own initiative, conduct an investigation into a case of possible non-compliance with Articles 5, 6 and 7 of this Regulation on its territory. Before taking a first formal investigative measure, that authority shall inform the Commission in writing.
2. The opening of proceedings by the Commission pursuant to Article 20 shall relieve the national competent authorities of the Member States enforcing the rules referred to in Article 1(6) of the possibility to conduct such an investigation or end it where it is already ongoing. Those authorities shall report to the Commission on the findings of such investigation in order to support the Commission in its role as sole enforcer of this Regulation.