---
title: "Art. 29 DMA: Non-compliance"
canonical: "https://dposchool.com/dma/article/29"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32022R1925#art_29"
source_note: "Source: Regulation (EU) 2022/1925, OJ L 265, 12.10.2022, p. 1, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu"
text_as_of: "2022-10-12"
language: "en"
publisher: "DPO School"
---

Art. 29 DMA · Chapter V: INVESTIGATIVE, ENFORCEMENT AND MONITORING POWERS

# Article 29 DMA: Non-compliance

Official Journal text of 12 October 2022, as corrected (OJ L, 2025/90024, 10.1.2025). Retrieved 30 October 2026.

## Official text

### Article 29(1)

**1.** The Commission shall adopt an implementing act setting out its finding of non-compliance (‘the non-compliance decision’) where it finds that a gatekeeper does not comply with one or more of the following:

#### Article 29(1)(a)

**(a)** any of the obligations laid down in Article 5, 6 or 7;

#### Article 29(1)(b)

**(b)** measures specified by the Commission in a decision adopted pursuant to Article 8(2);

#### Article 29(1)(c)

**(c)** remedies imposed pursuant to Article 18(1);

#### Article 29(1)(d)

**(d)** interim measures ordered pursuant to Article 24; or

#### Article 29(1)(e)

**(e)** commitments made legally binding pursuant to Article 25.

That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 50(2).

### Article 29(2)

**2.** The Commission shall endeavour to adopt its non-compliance decision within 12 months from the opening of proceedings pursuant to Article 20.

### Article 29(3)

**3.** Before adopting the non-compliance decision, the Commission shall communicate its preliminary findings to the gatekeeper concerned. In those preliminary findings, the Commission shall explain the measures it is considering taking or that it considers that the gatekeeper should take in order to effectively address the preliminary findings.

### Article 29(4)

**4.** Where it intends to adopt a non-compliance decision, the Commission may consult third parties.

### Article 29(5)

**5.** In the non-compliance decision, the Commission shall order the gatekeeper to cease and desist with the non-compliance within an appropriate deadline and to provide explanations on how it plans to comply with that decision.

### Article 29(6)

**6.** The gatekeeper shall provide the Commission with the description of the measures that it has taken to ensure compliance with the non-compliance decision.

### Article 29(7)

**7.** Where the Commission decides not to adopt a non-compliance decision, it shall close the proceedings by a decision.

## Source

Source: Regulation (EU) 2022/1925, OJ L 265, 12.10.2022, p. 1, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu

[Article 29 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32022R1925#art_29)

Official Journal text of 12 October 2022, as corrected (OJ L, 2025/90024, 10.1.2025). Retrieved 30 October 2026.

This is reference material, not legal advice.

## Navigation

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