Source: OJ L 265, 12.10.2022, pp. 1–66Consolidated text

Current language: EN

Article 42 Representative actions


Summary What does Article 42 of the DMA regulation say?

This is a notably brief article that serves a clear cross-regulatory linking function.

It extends the reach of Directive (EU) 2020/1828, which governs representative actions for the protection of the collective interests of consumers, to cover infringements of this Regulation by gatekeepers.

In other words, where a gatekeeper's breach of the Digital Markets Act harms or may harm consumers collectively, the existing EU framework for representative actions applies.

Important points:

  • Directive (EU) 2020/1828 on representative actions is expressly applied to gatekeeper infringements under this Regulation.
  • The trigger for a representative action is harm, or potential harm, to the collective interests of consumers.
  • Gatekeepers are the subject of this provision, meaning consumer organisations and other qualified entities may bring collective actions against them under the referenced Directive.

Springlex's summary of the article is a reading aid, not a substitute for the legal text.

Directive (EU) 2020/1828 shall apply to the representative actions brought against infringements by gatekeepers of provisions of this Regulation that harm or may harm the collective interests of consumers.

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