INDUSTRIES, INTERMEDIARY SERVICES | AGCM issues regulation implementing the DMA

On 23 July 2024, the Italian Competition Authority (AGCM) issued a Regulation on the forms of collaboration and cooperation under Article 18 of Law 214/2023, implementing Regulation (EU) 2022/1925 (Digital Markets Act – DMA), which mandates close cooperation between the EU Commission and Member States to ensure coherent, effective and complementary enforcement of available legal instruments applied to so-called “gatekeepers”, i.e., those companies that pursuant to Article 3 of the DMA have significant market impact, provide core platform services and hold a stable and dominant market position. The Regulation establishes that the AGCM may decide to start an investigation when detecting possible breaches of the obligations provided for “gatekeepers” in Articles 5, 6 and 7 of the DMA. Following notification of the decision to launch the investigation, the AGCM may then exercise the powers under Article 14, paragraphs 2 to 2-quinquies of Law No. 287/1990, including making requests for information and document submission, convening hearings, ordering expert opinions and inspections. When the investigation is complete, the AGCM will notify the subjects participating in the investigation of the closing date for the evidence-gathering phase, and then submit the investigation’s findings to the Commission.

Newsletter n. 99 – August/September 2024