Caveat: this is a judgement exercise. The links I’ve made may be wrong and / or incomplete.
Recitals without a specific Article: 1, 2, 3, 4, 5, 6, 7, 11, 34, 35,
Articles without a specific recital: 1 (subject matter and scope), 14 (opening of market investigation), 25 (cease and desist), 33 (MS request for market investigation under Art 15), 34 (publication of decisions), 35 (review by the Court), 39 (entry into force).
As discussed here, Article 25 seems notable in that it’s a potentially contentious article with no explanation in the recitals.
Legal Base: These recitals seem relevant to the choice of Article 114 as the legal base for the regulation: 8, 9, 15, 32, 79.
Articles and Recitals
This table tries to map recitals onto specific articles. Some recitals discuss broad policy issues that are not obviously linked to a specific article in the draft regulation: these are not listed here.
| Articles | Titles | Recitals |
|---|---|---|
| Chapter I | Subject matter, scope and definitions | |
| Article 1 | Subject-matter and scope | |
| Article 1(5, 6, 7) | Relationship with competition rules and national laws | 9,10 |
| Article 2 | Definitions | |
| Article 2(1, 2) | Gatekeeper and core platform services | 12, 13 |
| Article 2(14) | Ancillary services | 14 |
| Chapter II | Gatekeepers | |
| Article 3 | Designation of gatekeepers | 15-21 |
| Article 3(4) | Provider gives substantiated arguments that it is not a gatekeeper | 23 |
| Article 3(5) | Commission delegated power to change methodology | 22 |
| Article 3(6) | Commission delegated power to designate gatekeepers | 24, 62 |
| Article 4 | Review of the status of gatekeepers | 30 |
| Chapter III | Practices of gatekeepers that limit contestability or are unfair | 29, 32, 33, 34, 35 |
| Article 5 | Obligations for gatekeepers | |
| Article 5(a) | Combining Data | 36 |
| Article 5(b) | MFN | 37 |
| Article 5(c) | Off-platform advertising | 38 |
| Article 5(d) | Contacting Authorities | 39 |
| Article 5(e) | Tying of ID services | 40 |
| Article 5(f) | Tying of other services | 41 |
| Article 5(g) | Pricing information for advertisers and publishers | 42 |
| Article 6 | Obligations for gatekeepers susceptible of being further specified | |
| Article 6(a) | Self-preferencing / data | 43, 44, 45 |
| Article 6(b) | Uninstallation | 46 |
| Article 6(c) | Installation of apps / stores | 47 |
| Article 6(d) | Self-preferencing / ranking | 48, 49 |
| Article 6(e) | Technical restrictions on switching | 50, 51 |
| Article 6(f) | Interoperability of ancillary service | 52 |
| Article 6(g) | Measuring and verification tools for advertisers and publishers | 53 |
| Article 6(h) | Real time and continuous data portability | 54 |
| Article 6(I) | Customer generated data | 55 |
| Article 6(j) | FRAND access to ranking, click and view data for search | 56 |
| Article 6(k) | FRAND access for business users to App Store | 57 |
| Article 7 | Compliance with obligations for gatekeepers | 58 |
| Article 8 | Suspension | 59 |
| Article 9 | Exemption for overriding reasons of public interest | 60 |
| Article 10 | Updating obligations for gatekeepers | 58, 65 |
| Article 11 | Anti-circumvention | 29, 32 |
| Article 12 | Obligation to inform about concentrations | 31 |
| Article 13 | Obligation of an audit | 61 |
| Chapter IV | Market investigation | |
| Article 14 | Opening of a market investigation | |
| Article 15 | Market investigation for designating gatekeepers | 62, 63 |
| Article 16 | Market investigation into systematic non-compliance | 62, 64, 67 |
| Article 17 | Market investigation into new services and new practices | 65, 66 |
| Chapter V | Investigative, enforcement and monitoring powers | 68 |
| Article 18 | Opening of proceedings | |
| Article 19 | Requests for information | 69 |
| Article 20 | Power to carry out interviews and take statements | 71 |
| Article 21 | Powers to conduct on-site inspections | 71, 72 |
| Article 22 | Interim measures | |
| Article 23 | Commitments | 67 |
| Article 24 | Monitoring of obligations and measures | 74 |
| Article 25 | Non-compliance | |
| Article 26 | Fines | 73 |
| Article 26(4) | Fines – associations of undertakings | 74 |
| Article 27 | Periodic penalty payments | 73 |
| Article 28 | Limitation periods for the imposition of penalties | 73 |
| Article 29 | Limitation periods for the enforcement of penalties | 73 |
| Article 30 | Right to be heard and access to the file | |
| Article 31 | Professional secrecy | 75 |
| Article 32 | Digital Markets Advisory Committee | 77 |
| Article 33 | Request for a market investigation | |
| Chapter VI | General provisions | |
| Article 34 | Publication of decisions | |
| Article 35 | Review by the Court of Justice of the European Union | |
| Article 36 | Implementing provisions | 76 |
| Article 37 | Exercise of the delegation | |
| Article 38 | Review | 78 |
| Article 39 | Entry into force and application |