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
- The potential for lightening the information requirement for gatekeeper notification.
- The possibility of introducing an oral hearing and hearing officer to the processes.
- Fairness requirements as to the length of the document submission.
- Minimizing the exposure of firms providing information to the best of their abilities.
- Simplification of the Access to file procedure.
- 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.
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