Linklaters has contributed to the European Commission’s public consultation on the procedural aspects and implementation of the Digital Markets Act (“DMA”). The Commission opened its consultation for feedback on 9 December 2022 after publishing the draft DMA Implementing Regulation (the “draft IR”) (see our previous Tech Insights blog post here).

Key elements of our response

  1. The potential for lightening the information requirement for gatekeeper notification.
  2. The possibility of introducing an oral hearing and hearing officer to the processes.
  3. Fairness requirements as to the length of the document submission.
  4. Minimizing the exposure of firms providing information to the best of their abilities.
  5. Simplification of the Access to file procedure.
  6. Increasing the possibility for the EC to extend time limits.

Our recommendations are available in full here, on our Digital Markets Act Hub, a one-stop shop providing key developments about the DMA to help you navigate the changing regulatory landscape.

Next steps

The Commission closed its consultation on 9 January 2023 and will now consider the feedback from participants. The final DMA Implementing Regulation is expected to be adopted thereafter in Q1 2023.