---
title: "Art. 34 DMA: Right to be heard and access to the file"
canonical: "https://dposchool.com/dma/article/34"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32022R1925#art_34"
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. 34 DMA · Chapter V: INVESTIGATIVE, ENFORCEMENT AND MONITORING POWERS

# Article 34 DMA: Right to be heard and access to the file

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

## Official text

### Article 34(1)

**1.** Before adopting a decision pursuant to Article 8, Article 9(1), Article 10(1), Articles 17, 18, 24, 25, 29 and 30 and Article 31(2), the Commission shall give the gatekeeper or undertaking or association of undertakings concerned the opportunity of being heard on:

#### Article 34(1)(a)

**(a)** preliminary findings of the Commission, including any matter to which the Commission has taken objection; and

#### Article 34(1)(b)

**(b)** measures that the Commission may intend to take in view of the preliminary findings pursuant to point (a) of this paragraph.

### Article 34(2)

**2.** Gatekeepers, undertakings and associations of undertakings concerned may submit their observations to the Commission concerning the Commission’s preliminary findings within a time limit set by the Commission in its preliminary findings which may not be less than 14 days.

### Article 34(3)

**3.** The Commission shall base its decisions only on preliminary findings, including any matter to which the Commission has taken objection, on which gatekeepers, undertakings and associations of undertakings concerned have been able to comment.

### Article 34(4)

**4.** The rights of defence of the gatekeeper, undertaking or association of undertakings concerned shall be fully respected in any proceedings. The gatekeeper, undertaking or association of undertakings concerned shall be entitled to have access to the Commission's file under terms of disclosure, subject to the legitimate interest of undertakings in the protection of their business secrets. In the case of disagreement between the parties, the Commission may adopt decisions setting out those terms of disclosure. The right of access to the file of the Commission shall not extend to confidential information and internal documents of the Commission or the competent authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and the competent authorities of the Member States. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.

## 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 34 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32022R1925#art_34)

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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