Quality control in the DMA procedure: the exclusion of the Hearing Officer

Konstantinos Pantelidis

European Competition Journal, 2025, vol. 21, issue 1, 25-53

Abstract: The DMA aims to ensure fairness and contestability in digital markets by imposing ex-ante obligations to designated gatekeepers. Enforcement of the regime was entrusted to the Commission and the procedure mirrors the antitrust regime. However, the designers of the Regulation opted to exclude a role for the Hearing Officer from market investigation proceedings. The Hearing Officer is an independent Commission Official whose main role is to safeguard the undertakings' procedural rights and rights of defence, decide on procedural disputes, and organize oral hearings. Despite some criticisms to the limited extent of their powers, the Hearing Officer fulfils an important role in competition proceedings. Exclusion of their competence from the DMA procedure may result in an increase to the Commission's decisional powers, reduce public trust, lower the quality of the procedure, and deprive it of the valuable oral hearing option.

Date: 2025
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DOI: 10.1080/17441056.2024.2379136

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