The Danish Government’s response to the public consultation for the
Implementing Regulation to the Digital Markets Act (DMA)
The Danish Government welcomes the opportunity to comment on the
Commission’s public consultation regarding the draft
Implementing Regu-
lation on detailed arrangements for the conduct of certain proceedings by
the Commission pursuant to Reg. (EU) 2022/1925
(the Digital Markets
Act, “DMA”).
12. January 2023
MINISTRY OF INDUSTRY,
The Danish Government supports the introduction of clear procedural rules
to ensure a rapid and effective enforcement process in the context of the
DMA. The draft Implementing Regulation is capable to clarify several im-
portant aspects, especially in relation to the notification and submission of
information to be provided during the designation process. These proce-
dural rules will prove crucial for the Commission to carry out its tasks in a
timely manner, but also provide companies and their advisers with the nec-
essary guidance for complying with the DMA.
The Danish Government particularly welcomes those provisions, which
will streamline the enforcement process. This includes the possibility for
an undertaking providing core platform services to engage in pre-notifica-
tion contacts with the Commission, as well as the introduction of detailed
rules in relation to time limits, transmission and receipt of documents. In
our view, all these provisions may save time and administrative resources,
thus contributing to the expediency of the proceedings.
The Danish Government would however like to highlight the importance
of ensuring procedural fairness in proceedings under the DMA. In this
sense, the Danish Government has noticed a series of provisions concern-
ing a gatekeeper’s right to defense, which differ from antitrust proceedings.
This includes the absence of an oral hearing following the issuance of the
Commission’s preliminary findings, as well as a restriction of the files that
a gatekeeper can be granted access to, and which is limited to documents
cited by the Commission in the preliminary findings. Access to other doc-
uments listed in the Commission’s file can only be granted following a
reasoned request and under certain limitations.
Finally, the draft Implementing Regulation establishes a 25-page limit for
submissions made to the Commission aimed at rebutting the quantitative
threshold presumption established in Article 3(2) DMA. Such a limitation
may not afford a gatekeeper with the opportunity to present “sufficiently
substantiated arguments”
to rebut the presumption.
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