213 Amendments of Maria GRAPINI related to 2020/0374(COD)
Amendment 53 #
Proposal for a regulation
Recital 22
Recital 22
(22) Such thresholds can be impacted by market and technical developments and innovations on the market. The Commission should therefore be empowered to adopt delegated acts to specify the methodology for determining whether the quantitative thresholds are met, and to regularly adjust it to market and technological developments where necessary. This is particularly relevant in relation to the threshold referring to market capitalisation, which should be indexed in appropriate intervals.
Amendment 54 #
Proposal for a regulation
Recital 25
Recital 25
(25) Such an assessment can only be done in light of a market investigation, while taking into account the quantitative thresholds. In its assessment the Commission should pursue the objectives of preserving and fostering the level of innovation, the quality of digital products and services, the degree to which prices are fair and competitive, and the degree to which quality or choice for business users and for end users is or remains high, and whether or not fair competition is ensured. Elements that are specific to the providers of core platform services concerned, such as extreme scale economies, very strong network effects, an ability to connect many business users with many end users through the multi- sidedness of these services, lock-in effects, a lack of multi- homing or vertical integration, can be taken into account. In addition, a very high market capitalisation, a very high ratio of equity value over profit or a very high turnover derived from end users of a single core platform service can point to the tipping of the market or leveraging potential of such providers. Together with market capitalisation, high growth rates, or decelerating growth rates read together with profitability growth, are examples of dynamic parameters that are particularly relevant to identifying such providers of core platform services that are foreseen to become entrenched. The Commission should be able to take a decision by drawing adverse inferences from facts available where the provider significantly obstructs the investigation by failing to comply with the investigative measures taken by the Commission.
Amendment 59 #
Proposal for a regulation
Recital 28
Recital 28
(28) This should allow the Commission to intervene in time and effectively, while fully respecting the proportionality of the considered measures. It should also reassure actual or potential market participants about the fairness, efficiency and contestability of the services concerned.
Amendment 65 #
Proposal for a regulation
Recital 37
Recital 37
(37) Because of their position, gatekeepers might in certain cases restrict the ability of business users of their online intermediation services to offer their goods or services to end users under more favourable conditions, including price, through other online intermediation services or alternative distribution channels. Such restrictions have a significant deterrent effect on the business users of gatekeepers in terms of their use of alternative online intermediation services or alternative distribution channels, limiting inter-platform contestability, which in turn limits choice of alternative online intermediation or distribution channels for end users. To ensure that business users of online intermediation services of gatekeepers can freely choose among alternative online intermediation services and channels, and differentiate the conditions under which they offer their products or services to their end users, it should not be accepted that gatekeepers limit business users from choosing to differentiate commercial conditions, including price. Such a restriction should apply to any measure with equivalent effect, such as for example increased commission rates or de- listing of the offers of business users.
Amendment 68 #
Proposal for a regulation
Recital 39
Recital 39
(39) To safeguard a fair commercial environment andbased on fair competition, and to protect the contestability of the digital sector, it is important to safeguard the right of business users to raise concerns about unfair behaviour by gatekeepers with any relevant administrative or other public authorities. For example, business users may want to complain about different types of unfair practices, such as discriminatory access conditions, unjustified closing of business user accounts or unclear grounds for product de-listings. Any practice that would in any way inhibit such a possibility of raising concerns or seeking available redress, for instance by means of confidentiality clauses in agreements or other written terms, should therefore be prohibited. This should be without prejudice to the right of business users and gatekeepers to lay down in their agreements the terms of use including the use of lawful complaints-handling mechanisms, including any use of alternative dispute resolution mechanisms or of the jurisdiction of specific courts in compliance with respective Union and national law This should therefore also be without prejudice to the role gatekeepers play in the fight against illegal content online.
Amendment 72 #
Proposal for a regulation
Recital 62
Recital 62
(62) In order to ensure the full and lasting achievement of the objectives of this Regulation, the Commission should be able to assess whether a provider of core platform services should be designated as a gatekeeper without meeting the quantitative thresholds laid down in this Regulation; whether systematic non- compliance by a gatekeeper warrants imposing additional remedies; and whether the list of obligations addressing unfair practices by gatekeepers should be reviewed and additional practices that are similarly unfair and limiting the contestability of digital markets should be identified. Such assessment should be based on market investigations to be run in an appropriate timeframe, by using clear procedures and legally binding deadlines, in order to support the ex ante effect of this Regulation on contestability and fairness in the digital sector, and to provide the requisite degree of legal certainty.
Amendment 94 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Where a provider of core platform services meets all the thresholds in paragraph 2, it shall notify the Commission thereof within three months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. That notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). The notification shall be updated whenever other core platform services individually meet the thresholds in paragraph 2 point (b). Following notification by a provider of core platform services, the Commission shall take the decision to conduct a market investigation under Article 15 within 60 days.
Amendment 95 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
A failure by a relevant provider of core platform services to notify the required information pursuant to this paragraph shall not prevent the Commission from designating these providers as gatekeepers pursuant to paragraph 4 at any time. The possibility for the Commission to conduct a market investigation in the event of a failed notification by a provider of a core platform service shall not be subject to time limitation.
Amendment 97 #
Proposal for a regulation
Article 3 – paragraph 6 – introductory part
Article 3 – paragraph 6 – introductory part
6. The Commission mayshall identify as a gatekeeper, in accordance with the procedure laid down in Article 15, any provider of core platform services that meets each of the requirements of paragraph 1, but does not satisfy each of the thresholds of paragraph 2, or has not presented sufficiently substantiated arguments in accordance with paragraph 4.
Amendment 98 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point f
Article 3 – paragraph 6 – subparagraph 1 – point f
(f) other structural market characteristics, such as the consistent growth of the platform’s core service market share in a given digital sector leading to a dominant market position over a three year timeframe.
Amendment 99 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 3
Article 3 – paragraph 6 – subparagraph 3
Where the provider of a core platform service that satisfies the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission in a significant manner and the failure persists after the provider has been invited to comply, within a reasonable time- limit of 45 days, and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper.
Amendment 100 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 4
Article 3 – paragraph 6 – subparagraph 4
Where the provider of a core platform service that does not satisfy the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time- limit of 45 days and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper based on facts available.
Amendment 101 #
Proposal for a regulation
Article 3 – paragraph 7
Article 3 – paragraph 7
7. For each gatekeeper identified pursuant to paragraph 4 or paragraph 6, the Commission shall, within 60 days, identify the relevant undertaking to which it belongs and list the relevant core platform services that are provided within that same undertaking and which individually serve as an important gateway for business users to reach end users as referred to in paragraph 1(b).
Amendment 102 #
Proposal for a regulation
Article 3 – paragraph 8
Article 3 – paragraph 8
8. The gatekeeper shall comply with the obligations laid down in Articles 5 and 6 within sixthree months after a core platform service has been included in the list pursuant to paragraph 7 of this Article.
Amendment 104 #
Proposal for a regulation
Article 3 – paragraph 8 a (new)
Article 3 – paragraph 8 a (new)
8 a. The Commission shall, without undue delay and at the latest within six months, open proceedings pursuant to Article 18 where a gatekeeper does not comply with the obligation set in paragraph 8.
Amendment 109 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) allow business users to offer the same products or services to end users through third party online intermediation services or through their own direct sales channels at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;
Amendment 110 #
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
Amendment 128 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 128 #
Proposal for a regulation
Recital 1
Recital 1
(1) Digital services in general and online platforms in particular play an increasingly important role in the economy, in particular in the internal market, by providing new business opportunities in the Union and facilitating cross-border trading. They serve as essential facilities for the digital economy by providing access to critical infrastructures.
Amendment 133 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) In addition, there are unjustified advantages for digital corporations in the form of circumvention constructions in the payment of profit taxes and in the employment conditions of platform workers, which further distort competition. The current negotiations at OECD and G7 level regarding a minimum tax are to be welcomed, but must be pursued in a targeted manner in order to achieve a level playing field in this area. A separate legislative proposal is planned on working conditions for platform workers. The European Parliament calls for a rapid presentation of the proposal in order to enable fair conditions with competitors in this area as well.
Amendment 134 #
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated orand non-aggregated data, that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; ;
Amendment 134 #
Proposal for a regulation
Recital 4
Recital 4
(4) The combination of those features of gatekeepers is likely to lead in many cases to serious imbalances in bargaining power and, consequently, to unfair practices and conditions for business users as well as end users of core platform services provided by gatekeepers, to the detriment of prices, quality, privacy and security standards, choice and innovation therein.
Amendment 136 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The measures implemented by the gatekeeper to ensure compliance with the obligations laid down in Articles 5 and 6 shall be effective in achieving the objective of the relevant obligation. The gatekeeper shall ensure that these measures are implemented in compliance with Regulation (EU) 2016/679 and Directive 2002/58/EC, and with legislation on cyber security, consumer protection and product safety, and shall ensure that fair competition is maintained on the internal market.
Amendment 137 #
Proposal for a regulation
Recital 6
Recital 6
(6) Gatekeepers have a significant impact on the internal market, providing gateways for a large number of business users, to reach end users, everywhere in the Union and on different markets. The adverse impact of unfair practices on the internal market and particularly weak contestability of core platform services, including their negative societal and economic implications, have led national legislators and sectoral regulators to act. A number of national regulatory solutions at national level have already been adopted or proposed to address unfair practices and the contestability of digital services or at least with regard to some of them. This has created a risk of divergent regulatory solutions and thereby fragmentation of the internal market, thus raising the risk of increased compliance costs due to different sets of national regulatory requirements.
Amendment 138 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the Commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, do not ensure effective compliance with the relevant obligations laid down in Article 6, it may by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision within sixthree months from the opening of proceedings pursuant to Article 18.
Amendment 139 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Paragraph 2 of this Article is without prejudice to the powers of the Commission under Articles 25, 26 and 27. Following a decision under paragraph 2 of this Article, if the Commission finds the gatekeeper in non-compliance under Article 25 and a decision under article 26 is taken, the non-compliance period is considered to have commenced from the implementation deadline in Article 3(8).
Amendment 140 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. A gatekeeper may, within the deadline set in Article 3(8), request the opening of proceedings pursuant to Article 18 for the Commission to determine whether the measures that the gatekeeper intends to implement or has implemented under Article 6 are effective in achieving the objective of the relevant obligation in the specific circumstances. A gatekeeper may, with its request, provide a reasoned submission to explain in particular why the measures that it intends to implement or has implemented are effective in achieving the objective of the relevant obligation in the specific circumstances. The Commission shall adopt its decision within six months from the opening of proceedings pursuant to Article 18. If in its decision the Commission finds the gatekeeper is non-compliant under Article 25 and a decision under Article 26 is taken, the non-compliance period is considered to have commenced from the implementation deadline in Article 3(8).
Amendment 140 #
Proposal for a regulation
Recital 8
Recital 8
(8) By approximating diverging national laws, obstacles to the freedom to provide and receive services, including retail services, within the internal market should be eliminated. A targeted set of harmonised mandatory rules should therefore be established at Union level to ensure fair competition, contestable and fair digital markets featuring the presence of gatekeepers within the internal market.
Amendment 141 #
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7a. The Commission shall ensure that no barriers are created to entry to the digital market for gatekeepers, while gatekeepers shall ensure that they update their business models and enhance their innovation capacities to meet the requirements of the market.
Amendment 142 #
Proposal for a regulation
Article 7 – paragraph 7 b (new)
Article 7 – paragraph 7 b (new)
7b. The Commission shall ensure that no barriers are created to entry to the digital market for SMEs.
Amendment 149 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 34 to update and strengthen the obligations laid down in Articles 5 and 6 where, based on a market investigation pursuant to Article 17, it has identified the need for new obligations addressing practices that limit the contestability of core platform services or are unfair in the same way as the practices addressed by the obligations laid down in Articles 5 and 6.
Amendment 149 #
Proposal for a regulation
Recital 9
Recital 9
(9) A fragmentation of the internal market can only be effectively averted if Member States are prevented from applying national rules which are specific to the types of undertakings and services covered by this Regulation. At the same time, since this Regulation aims at complementing the enforcement of competition law, it should be specified that this Regulation is without prejudice to Articles 101 and 102 TFEU, to the corresponding national competition rules and to other national competition rules regarding unilateral behaviour that are based on an individualised assessment of market positions and behaviour, including its likely effects and the precise scope of the prohibited behaviour, and which provide for the possibility of undertakings to make efficiency and objective justification arguments for the behaviour in question. However, the application of the latter rules should not affect the obligations and prohibitions imposed on gatekeepers under this Regulation and their uniform and effective application in the internal market.
Amendment 150 #
Proposal for a regulation
Recital 10
Recital 10
(10) Articles 101 and 102 TFEU and the corresponding national competition rules concerning anticompetitive multilateral and unilateral conduct as well as merger control have as their objective the protection of undistorted competition on the market. This Regulation pursues an objective that is complementary to, but different from that of protecting undistorted competition on any given market, as defined in competition-law terms, which is to ensure that markets where gatekeepers are present are and remain contestable and fair, and to protect the respective rights of business users and end users, independently from the actual, likely or presumed effects of the conduct of a given gatekeeper covered by this Regulation on competition on a given market. This Regulation therefore aims at protecting a different legal interest from those rules and should be without prejudice to their application.
Amendment 153 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Within sixthree months after its designation pursuant to Article 3, a gatekeeper shall submit to the Commission an independently audited description of any techniques for profiling of consumers that the gatekeeper applies to or across its core platform services identified pursuant to Article 3. This description shall be updated at least annually.
Amendment 154 #
Proposal for a regulation
Article 14 – paragraph 2 – point c
Article 14 – paragraph 2 – point c
(c) the purpose of the investigation and the specific aim sought to be achieved.
Amendment 155 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission may conduct a market investigation for the purpose of examining whether a provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6), or in order to identify core platform services for a gatekeeper pursuant to Article 3(7). It shall endeavour to conclude its investigation by adopting a decision in accordance with the advisory procedure referred to in Article 32(4) within twelvesix months from the opening of the market investigation.
Amendment 155 #
Proposal for a regulation
Recital 12
Recital 12
(12) Weak contestability and unfair practices in the digital sector are more frequent and pronounced for certain digital services than for others. This is the case in particular for widespread and commonly used digital services that mostly directly intermediate between business users and end users and where features such as extreme scale economies, very strong network effects, an ability to connect many business users with many end users through the multi-sidedness of these services, lock-in effects, a lack of multi- homing or vertical integration are the most prevalent. Often, there is only one or very few large providers of those digital services. These providers of core platform services have emerged most frequently as gatekeepers for business users and end users with far-reaching impacts, gaining the ability to easily set commercial conditions and terms in a unilateral and detrimental manner for their business users and end users. Accordingly, it is necessary to focus only on those digital services that are most broadly used by business users and end users and where, based on current market conditions, concerns about weak contestability and unfair practices by gatekeepers are more apparent and pressing from an internal market perspective.
Amendment 156 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In the course of a market investigation pursuant to paragraph 1, the Commission shall endeavour to communicate its preliminary findings to the provider of core platform services concerned within sixfour months from the opening of the investigation. In the preliminary findings, the Commission shall explain whether it considers, on a provisional basis, that the provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6).
Amendment 157 #
Proposal for a regulation
Recital 13
Recital 13
(13) In particular, online intermediation services, online search engines, operating systems, (including, inter alia, smart TVs and IPTVs), digital voice assistants and platforms that use integrated voice assistant technologies, mobile payment services, web-browsers, online social networking, video sharing platform services, video and audio on demand services, number- independent interpersonal communication services, cloud computing servicesdigital services which allow the creation of, processing of, accessing or storage of data in digital form, including software as a service such as cloud computing services, meaning an electronic platform or a cloud storage facility, that the consumer selects for receiving or storing the digital content or digital service and online advertising services all have the capacity to affect a large number of end users and businesses alike, which entails a risk of unfair business practices. They therefore should be includedstated as example of core platform services and fall into the scope of this Regulation. This is without prejudice to the inclusion of other categories of digital services into the definition ofscope of the regulation. The fact that weak contestability and unfair practices in the digital sector are more frequent and pronounced in certain digital services than in others does not imply that other categories of services are exempt from it. The core platform services and fall intog under the scope of this Regulation should therefore not be limited to certain types of services. Online intermediation services may also be active in the field of financial services, and they may intermediate or be used to provide such services as listed non- exhaustively in Annex II to Directive (EU) 2015/1535 of the European Parliament and of the Council32 . In certain circumstances, the notion of end users should encompass users that are traditionally considered business users, but in a given situation do not use the core platform services to provide goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes. _________________ 32Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, OJ L 241, 17.9.2015, p. 1.
Amendment 158 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. A gatekeeper shall be deemed to have engaged in a systematic non- compliance with the obligations laid down in Articles 5 and 6, where the Commission has issued at least threewo non-compliance or fining decisions pursuant to Articles 25 and 26 respectively against a gatekeeper in relation to any of its core platform services within a period of five years prior to the adoption of the decision opening a market investigation in view of the possible adoption of a decision pursuant to this Article.
Amendment 159 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission may conduct a market investigation with the purpose of examining whether one or more services within the digital sector should be added to the list of core platform services or to detect types of practices that may limit the contestability of core platform services or may bprima facie unfair and which are not effectively addressed by this Regulation. It shall issue a public report at the latest within 24 months from the opening of the market investigation.
Amendment 164 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Commission mayshall take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in Articles 5 and 6 and the decisions taken pursuant to Articles 7, 16, 22 and 23.
Amendment 165 #
Proposal for a regulation
Recital 14
Recital 14
(14) A number of other ancillary services, such as identification or payment services (which depending on their function can act either as core service or as ancillary service) and technical services which support the provision of payment services, may be provided by gatekeepers together with their core platform services. As gatekeepers frequently provide the portfolio of their services as part of an integrated ecosystem to which third-party providers of such ancillary services do not have access, at least not subject to equal conditions, and can link the access to the core platform service to take-up of one or more ancillary services, the gatekeepers are likely to have an increased ability and incentive to leverage their gatekeeper power from their core platform services to these ancillary services, to the detriment of choice and contestability of these services.
Amendment 166 #
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. The Commission shall adoptendeavour to adopt, within six months from the opening of the proceedings under Article 18, a non- compliance decision in accordance with the advisory procedure referred to in Article 32(4) where it finds that a gatekeeper does not comply with one or more of the following:
Amendment 167 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. In the non-compliance decision adopted pursuant to paragraph 1, the Commission shall order the gatekeeper to cease and desist with the non-compliance within an appropriate deadline and to provide explanationsspecify mandatory corrective measures a non- compliant gatekeeper shall implement to comply with the obligations in Articles 5 and 6. The gatekeeper shall also present its own plan on how it planintends to comply with the decision and the corrective measures.
Amendment 170 #
Proposal for a regulation
Recital 15
Recital 15
(15) The fact that a digital service qualifies as a core platform service in light of its widespread and common use and its importance for connecting business users and end users does not as such give rise to sufficiently serious concerns of contestability and unfair practices. It is only when a core platform service constitutes an important gateway and is operated by a provider with a significant impact in the internal market and an entrenched and durable position, or by a provider that will foreseeably have such a position in the near future, that such concerns arise. Accordingly, the targeted set of harmonised rules laid down in this Regulation should apply only to undertakings designated on the basis ofthat fulfill these three objective criteria or are designated on the basis of those, and they should only apply to those of their core platform services that individually constitute an important gateway for business users to reach end users.
Amendment 171 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The powers conferred on the Commission by Articles 26 and 27 shall be subject to a threfive year limitation period.
Amendment 172 #
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. Before adopting a decision pursuant to Article 7, Article 8(1), Article 9(1), Articles 15, 16, 22, 23, 25 and 26 and Article 27(2), the Commission shall give the gatekeeper or undertaking or association of undertakings, together with other relevant stakeholders, including consumer organisations and business users, concerned the opportunity of being heard on:
Amendment 173 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure the effective application of this Regulation to providers of core platform services which are most likely to satisfy these objective requirements, and where unfair conduct weakening contestability is most prevalent and impactful, the Commission should be able to directly designate as gatekeepers those providers of core platform services which meet certain quantitative thresholds. Such undertakings should in any event be subject to a fast designation process which should be automatically deemed to be gatekeepers. Since the quantitative threshould start upon the entry into force of this Regulations are objective requirements, no further designation by the Commission is necessary.
Amendment 177 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. When three or more Member States request the Commission to open an investigation pursuant to Article 15 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation. The result of any such investigation shall be made publicly available.
Amendment 177 #
Proposal for a regulation
Recital 17
Recital 17
(17) A very significant turnover in the Union and the provision of a core platform service in at least three Member States constitute compelling indications that the provider of a core platform service has a significant impact on the internal market or a significant sector thereof. This is equally true where a provider of a core platform service in at least three Member States has a very significant market capitalisation or equivalent fair market value. Therefore, a provider of a core platform service should be presudeemed to have a significant impact on the internal market or a significant sector thereof where it provides a core platform service in at least three Member States and where either its group turnover realised in the EEA is equal to or exceeds a specific, high threshold or the market capitalisation of the group is equal to or exceeds a certain high absolute value. For providers of core platform services that belong to undertakings that are not publicly listed, the equivalent fair market value above a certain high absolute value should be referred to. The Commission should use its power to adopt delegated acts to develop an objective methodology to calculate that value. A high EEA group turnover in conjunction with the threshold of users in the Union of core platform services reflects a relatively strong ability to monetise these users. A high market capitalisation relative to the same threshold number of users in the Union reflects a relatively significant potential to monetise these users in the near future. This monetisation potential in turn reflects in principle the gateway position of the undertakings concerned. Both indicators are in addition reflective of their financial capacity, including their ability to leverage their access to financial markets to reinforce their position. This may for example happen where this superior access is used to acquire other undertakings, which ability has in turn been shown to have potential negative effects on innovation. Market capitalisation can also be reflective of the expected future position and effect on the internal market of the providers concerned, notwithstanding a potentially relatively low current turnover. The market capitalisation value can be based on a level that reflects the average market capitalisation of the largest publicly listed undertakings in the Union over an appropriate period.
Amendment 178 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 181 #
Proposal for a regulation
Recital 21
Recital 21
(21) An entrenched and durable position in its operations or the foreseeability of achieving such a position future occurs notably where the contestability of the position of the provider of the core platform service is limited. This is likely to be the case where that provider has provided a core platform service in at least three Member States to a very high number of business users and end users during at least threewo years.
Amendment 184 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 187 #
Proposal for a regulation
Recital 24
Recital 24
(24) Provision should also be made for the assessment of the gatekeeper role of providers of core platform services which do not satisfy all of the quantitative thresholds, in light of the overall objective requirements that they have a significant impact on the internal market, act as an important gateway for business users to reach end users and benefit from a durable and entrenched position in their operations or it is foreseeable that it will do so in the near future as well as in light of their market share in the relevant market.
Amendment 193 #
Proposal for a regulation
Recital 29
Recital 29
(29) Designated gGatekeepers should comply with the obligations laid down in this Regulation in respect of each of the core platform services listed in the relevant designation decision. The mandatory rules should apply taking into account the conglomerate position of gatekeepers, where applicable. Furthermore, implementing measures that the Commission may by decision impose on the gatekeeper following a regulatory dialogue should be designed in an effective manner, having regard to the features of core platform services as well as possible circumvention risks and in compliance with the principle of proportionality and the fundamental rights of the undertakings concerned as well as those of third parties. The regulatory dialogue should by no means constitute grounds to assume that the gatekeeper may invoke an efficiency defence.
Amendment 194 #
Proposal for a regulation
Recital 30
Recital 30
(30) The very rapidly changing and complex technological nature of core platform services requires a regular review of the status of gatekeepers, including those that are foreseen to enjoy a durable and entrenched position in their operations in the near future. To provide all of the market participants, including the gatekeepers, with the required certainty as to the applicable legal obligations, a time limit for such regular reviews is necessary. It is also important to conduct such reviews on a regular basis and at least every two years. four years for designated gatekeepers to assess whether they continue to satisfy the requirements, and at least every year to assess whether new providers of core platform services satisfy those requirements.
Amendment 195 #
Proposal for a regulation
Recital 31
Recital 31
(31) To ensure the effectiveness of the review of gatekeeper status as well as the possibility to adjust the list of core platform services provided by a gatekeeper, the gatekeepers should inform the Commission of all of their intended and concluded acquisitions of other providers of core platform services or any other services provided within the digital sector. Such information should not only serve the review process mentioned above, regarding the status of individual gatekeepers, but will also provide information that is crucial to monitoring broader contestability trends in the digital sector and can therefore be a useful factor for consideration in the context of the market investigations foreseen by this Regulation. To safeguard the fairness and contestability of core platform services provided by gatekeepers, any concentration by undertakings that have been considered as gatekeepers for more than 2 years shall be forbidden by default, unless the specific concentration is exceptionally compatible with the internal market because it does not impede fair competition. The burden of proof for compatibility with the internal market lies on the gatekeeper.
Amendment 201 #
Proposal for a regulation
Recital 32
Recital 32
(32) To safeguard the fairness and contestability of core platform services provided by gatekeepers, it is necessary to provide in a clear and unambiguous manner for a set of harmonised obligations with regard to those services. Such rules are needed to address the risk of harmful effects of unfair practices imposed by gatekeepers, to the benefit of the business environment in the services concerned, to the benefit of users and ultimately to the benefit of society as a whole. Given the fast-moving and dynamic nature of digital markets, and the substantial economic power of gatekeepers, it is important that these obligations are effectively applied without being circumvented. To that end, the obligations in question should apply to any practices by a gatekeeper, irrespective of its form, including through the use of dark patterns or manipulative choice architecture, and irrespective of whether it is of a contractual, commercial, technical or any other nature, insofar as a practice corresponds to the type of practice that is the subject of one of the obligations of this Regulation.
Amendment 205 #
Proposal for a regulation
Recital 33
Recital 33
(33) The obligations laid down in this Regulation are limited to what is necessary and justified to address the unfairness of the identified practices by gatekeepers and to ensure contestability in relation to core platform services provided by gatekeepers. Therefore, the obligations should correspond to those practices that are considered unfair by taking into account the features of the digital sector and where experience gained, for example in the enforcementhey can have a negative direct impact ofn the EU competition rules, shows that they have a particularly negative direct impact on the business users and end userbusiness users and end users. A general fairness clause allows for the necessary flexibility and ensures future-proofness. In addition, it is necessary to provide for the possibility of a regulatory dialogue with gatekeepers to tailor those obligations that are likely to require specific implementing measures in order to ensure their effectiveness and proportionality. The obligations should only be updated after a thorough investigation on the nature and impact of specific practices that may be newly identified, following an in-depth investigation, as unfair or limiting contestability in the same manner as the unfair practices laid down in this Regulation while potentially escaping the scope of the current set of obligations.
Amendment 211 #
Proposal for a regulation
Recital 36
Recital 36
(36) The conduct of combining end user data from different sources or signing in users to different services of gatekeepers gives them potential advantages in terms of accumulation of data, thereby raising barriers to entry. To ensure that gatekeepers do not unfairly undermine the contestability of core platform services, they should enable their end usand in orders to freely choose to opt-in to such business practices by offering a less personalised alternative. The possibility should cover all possible sources of impede business models that are based on the collection of users’personal data, including own services of the gatekeeper as well as third party websites, and should be proactively presented to the end user in an explicit, clear and straightforward manner view of the fact that the design makes it often too hard if not impossible to refuse consent, combining personal data should be prohibited.
Amendment 223 #
Proposal for a regulation
Recital 37
Recital 37
(37) Because of their position, gatekeepers might in certain cases restrict the ability of business users of their online intermediation services to offer their goods or services to end users under more favourable conditions, including price, through other online intermediation servicedistribution channels. Such restrictions have a significant deterrent effect on the business users of gatekeepers in terms of their use of alternative online intermediation servicedistribution channels, limiting inter- platform contestability, which in turn limits choice of alternative online intermediadistribution channels for end users. To ensure that business users of online intermediation services of gatekeepers can freely choose alternative online intermediation services and differentiate the conditions under which they offer their products or services to their end users, it should not be accepbe prohibited that gatekeepers limit business users from choosing to differentiate commercial conditions, including price. Such a restricprohibition should apply to any measure with equivalent effect, such as for example increased commission rates or, de-listing or less favourable ranking of the offers of business users.
Amendment 232 #
Proposal for a regulation
Recital 39
Recital 39
(39) To safeguard a fair commercial environment and protect the contestability of the digital sector it is important to safeguard the right of business users and end users to raise concerns about unfair behaviour by gatekeepers with any relevant administrative or other public authorities. For example, business users or end users may want to complain about different types of unfair practices, such as discriminatory access conditions, unjustified closing of business user accounts or unclear grounds for product de-listings. Any practice that would in any way inhibit or hinder such a possibility of raising concerns or seeking available redress, for instance by means of confidentiality clauses in agreements or other written terms, should therefore be prohibited. This should be without prejudice to the right of business users or end users and gatekeepers to lay down in their agreements the terms of use including the use of lawful complaints-handling mechanisms, including any use of alternative dispute resolution mechanisms or of the jurisdiction of specific courts in compliance with respective Union and national law This should therefore also be without prejudice to the role gatekeepers play in the fight against illegal content online.
Amendment 237 #
Proposal for a regulation
Recital 40
Recital 40
(40) Identification services areGatekeepers offer a range of ancillary services. To ensure contestability, it is crucial forthat business users to conduct their business, as these can allow them not only to optimise services, to the extent allowed under Regulation (EU) 2016/679 and Directive 2002/58/EC of the European Parliament and of the Council33 , but also to inject trust in online transactions, in compliance with Union or national laware free to choose such ancillary services freely, without having to fear any detrimental effects for the provision of the core platform service. Gatekeepers should therefore not use their position as provider of core platform services to require their dependent business users to include any identificationuse, offer or include any ancillary services provided by the gatekeeper itselfor as part of the provision of services or products by these business users toicular their end usersd party, where other identificationancillary services are available to such business users. _________________ 33Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data andIn particular, gatekeepers shall not make their service dependent on business users including any identification service provided by the gatekeeper itself as part of the protectvision of privacy in the electronic communicationservices or products by these business usector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37)rs to their end users, where alternatives exist.
Amendment 241 #
Proposal for a regulation
Recital 41
Recital 41
(41) Gatekeepers should not restrict the free choice of end users by technically preventing switching between or subscription to different software applications and services or through product design. Gatekeepers should therefore ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and should not raise artificial technical barriers so as to hamper or make switching impossible or ineffective. The mere offering of a given product or service to end users, including by means of pre- installation, as well the improvement of end user offering, such as better prices or increased quality, would not in itself constitute a barrier to switching.
Amendment 252 #
Proposal for a regulation
Recital 46
Recital 46
(46) A gatekeeper may use different means to favour its own services or products on its core platform service, to the detriment of the same or similar services that end users could obtain through third parties. This may for instance be the case where certain software applications or services are pre-installed by a gatekeeper. To enable end user choice, gatekeepers should not prevent end users from un- installing any pre-installed-install software applications on its core platform service and thereby favour their own software applications as this inhibits user choice. The only exception shall be pre-installations that are essential for the functioning of the operating system or of the device and which cannot be technically offered on as standalone basis by third-parties.
Amendment 262 #
Proposal for a regulation
Recital 47
Recital 47
(47) The rules that the gatekeepers set for the distribution of software applications may in certain circumstances restrict the ability of business users and end users to install, set as defaults and effectively use third party software applications or software application stores on operating systems or hardware of the relevant gatekeeper and restrict the ability of end users to access these software applications or software application stores outside the core platform services of that gatekeeper. Such restrictions may limit the ability of developers of software applications to use alternative distribution channels and the ability of end users to choose between different software applications from different distribution channels and should be prohibited as unfair and liable to weaken the contestability of core platform services. The end user shall be required to decide which software application or software application store should become the default. In order to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper the gatekeeper concerned may implement proportionate technical or contractual measures to achieve that goal if the gatekeeper demonstrates that such measures are necessary and justified and that there are no less restrictive means to safeguard the integrity of the hardware or operating system.
Amendment 267 #
Proposal for a regulation
Recital 48
Recital 48
(48) Gatekeepers are often vertically integrated and offer certain products or services to end users through their own core platform services, or through a business user over which they exercise controlthat it cooperates with, which frequently leads to conflicts of interest. This can include the situation whereby a gatekeeper offers its own online intermediation services through an online search engine. When offering those products or services on the core platform service, gatekeepers can reserve a better position to their own offering, in terms of ranking, as opposed to the products of third parties also operating onusing that core platform service. This can occur for instance with products or services, including other core platform services, which are ranked in the results communicated by online search engines, or which are partly or entirely embedded in search results of online search engines results, groups of results specialised in a certain topic, displayed along with the results of an online search engine, which armay be considered or used by certain end users as a service distinct or additional to the online search engine. Other instances are those ofSuch preferential or embedded display should constitute an inadmissible preference, irrespective of whether the information or results may also be provided by competing services and are as such ranked in a non-discriminatory way. Inadmissible preferencing can also take place in other instances, such as software applications which are distributed through software application stores, or products or services that are given prominence and display in the newsfeed of a social network, or products or services ranked in search results or displayed on an online marketplace, or products or services users are directed to following a request by an end user to a digital voice assistant. In those circumstances, the gatekeeper is in a dual- role position as intermediary for third party providers and as direct provider of products or services of the gatekeeper. Consequently, these gatekeepers have the ability to undermine directly the contestability for those products or services on these core platform services, to the detriment of business users which are not controlled by the gatekeeper.
Amendment 276 #
Proposal for a regulation
Recital 49
Recital 49
(49) In such situations, the gatekeeper should not engage in any form of differentiated or preferential treatment in ranking on the core platform service, whether through legal, commercial or technical means, in favour of products or services it offers itself or through a business user which it controlsoperates with. To ensure that this obligation is effective, it should also be ensured that the conditions that apply to such ranking are also generally fair, as well as that business users do have the same access as the gatekeeper to any information resulting from the ranking or any other competition-relevant aspects related to their respective products or services. Ranking should in this context cover all forms of relative prominence, including among others order, display, rating, linking or voice results. In particular, and with regard to digital voice assistants, it should be ensured that the ranking of products and services and thus the,typically single, response to a user’s voice request, must accurately and impartially reflect this request. To ensure that this obligation is effective and cannot be circumvented it should also apply to any measure that may have an equivalent effect to the differentiated or preferential treatment in ranking. The guidelines adopted pursuant to Article 5 of Regulation (EU) 2019/1150 should also facilitate the implementation and enforcement of this obligation.34 _________________ 34Commission Notice: Guidelines on ranking transparency pursuant to Regulation (EU) 2019/1150 of the European Parliament and of the Council (OJ C 424, 8.12.2020, p. 1).
Amendment 282 #
Proposal for a regulation
Recital 50
Recital 50
(50) Gatekeepers should not restrict or prevent the free choice of end users by technically preventing switching between or subscription to different software applications and services. This would allow more providers to offer their services, thereby ultimately providing greater choice to the end user. Gatekeepers should ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and shall not raise artificial technical barriers so as to make switching impossible or ineffective. The mere offering of a given product or service to consumers, including by means of pre-installation, as well as the improvement of the offering to end users, such as price reductions or increased quality, should not be construed as constituting a prohibited barrier to switching.
Amendment 284 #
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50 a) Gatekeepers may offer software applications or services which may be used on, or in conjunction with, a core service platform, such as operating systems or cloud computing services, offered by that gatekeeper. If the gatekeeper prevents end users from accessing and using their software applications on, or in conjunction with, products or services of competing providers under equal conditions as with the products or services of the gatekeeper, this could significantly undermine innovation by competing providers, as well as choice for end users. It should therefore be ensured that gatekeepers do not restrict to their advantage and to the detriment of competing providers, the choice of end users and business users of products or services of alternative providers which they use in conjunction with the core platform service offered by the gatekeeper.
Amendment 288 #
Proposal for a regulation
Recital 51
Recital 51
(51) Gatekeepers can hamper the ability of end users to access online content and services including software applications. Therefore, rules should be established to ensure that the rights of end users to access an open internet are not compromised by the conduct of gatekeepers. Gatekeepers can also technically limit the ability of end users to effectively switch between different Internet access service providers, in particular through their control over operating systems or hardware. This distorts the level playing field for Internet access services and ultimately harms end users. It should therefore be ensured that gatekeepers do not unduly restrict end users in choosing their Internet access service provider.
Amendment 290 #
Proposal for a regulation
Recital 51 a (new)
Recital 51 a (new)
(51 a) Interoperability can have a direct positive impact on contestability, fairness on the market and consumer welfare. Thus, interoperability which requires platforms to open up their access point interfaces (APIs) to potential competitors on the market would significantly reduce barriers to entry, as it would grant competitors access to existing networks and allow them to participate therein. This would as well allow competing platforms to offer their internal systems to users whose data lives elsewhere thereby enabling them to chose an equivalent consumer friendly alternative and at the same time enhance contestability.
Amendment 293 #
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52 a) In line with the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) persons with disabilities should have access, on an equal basis with others, to information and communications technologies and systems, and other facilities and services open or provided to the public. The CRPD further states that the strict application of universal design to all new goods, products, facilities, technologies and services should ensure full, equal and unrestricted access for all potential consumers, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity. To this end digital services and providers of core platform services, in particular gatekeepers, should comply with the obligations enshrined in the UN CRPD and the Digital Markets Act and ensure that the regulatory framework for gatekeeping services protects the rights of all end-users, including persons with disabilities.
Amendment 296 #
Proposal for a regulation
Recital 53 a (new)
Recital 53 a (new)
(53 a) Given the cross-border nature of digital services, any action at EU level to harmonise accessibility requirements for gatekeepers across the internal market should avoid market fragmentation and ensure equal rights to access and choice to all end-users, including by persons with disabilities. To this end the provision of this regulation should address the lack of harmonised accessibility requirements for gatekeepers in line with the existing Union accessibility legislation, such as the European Accessibility Act (Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019) and the Web Accessibility Directive (Directive(EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016on the accessibility of the websites and mobile applications of public sector bodies) and in line with the Union Strategy for the Rights of Persons with Disabilities 2021-2030 and the Union’s commitment to the United Nations’ Sustainable Development Goals.
Amendment 297 #
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54 a) The notions of ‘access’ or ‘accessibility’ are often referred to with the meaning of affordability, availability, or in relation to access to data, use of network, etc. It is important to distinguish these from ‘accessibility for persons with disabilities’ which means that services, technologies and products are perceivable, operable, understandable and robust for persons with disabilities.
Amendment 302 #
Proposal for a regulation
Recital 56
Recital 56
(56) The value of online search engines to their respective business users and end users increases as the total number of such users increases. Providers of online search engines collect and store aggregated and anonymised datasets containing information about what users searched for, and how they interacted with, the results that they were served. Providers of online search engine services collect these data from searches undertaken on their own online search engine service and, where applicable, searches undertaken on the platforms of their downstream commercial partners. Access by gatekeepers to such ranking, query, click and view data constitutes an important barrier to entry and expansion, which undermines the contestability of online search engine services. Gatekeepers should therefore be obliged to provide access, on fair, reasonable and non-discriminatory terms, to these ranking, query, click and view data in relation to free and paid search generated by consumers on online search engine services to other providers of such services, so that these third-party providers can optimise their services and contest the relevant core platform services. Such access should also be given to third parties contracted by a search engine provider, who are acting as processors of this data for that search engine. When providing access to its search data, a gatekeeper should ensure the protection of the personal data of end users by appropriate means, without substantially degrading the quality or usefulness of the data.
Amendment 310 #
Proposal for a regulation
Recital 57
Recital 57
(57) In particular gatekeepers which provide access to software application storeCore platform services offered by gatekeepers serve as an important gateway for business users that seek to reach end users. In view of the imbalance in bargaining power between those gatekeepers and business users of their software application stores, those gatekeepers should not be allowed to impose general conditions, including pricing conditions, that would be unfair or lead to unjustified differentiation. Pricing or other general access conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. The following benchmarks can serve as a yardstick to determine the fairness of general access conditions: prices charged or conditions imposed for the same or similar services by other providers of software application storesthe relevant core platform service; prices charged or conditions imposed by the provider of the software application storegatekeeper for different related or similar services or to different types of end users; prices charged or conditions imposed by the provider of the software application store for the same service in different geographic regions; prices charged or conditions imposed by the provider of the software application storegatekeeper for the same service the gatekeeper offers to itself. This obligation should not establish an access right and it should be without prejudice to the ability of providers of software application stores to take the required responsibility in the fight against illegal and unwanted content as set out in Regulation [Digital Services Act]. This obligation shall ensure that access conditions to core platform services are also fair and non-discriminatory for end- users.
Amendment 316 #
Proposal for a regulation
Recital 58
Recital 58
(58) To ensure the effectiveness of the obligations laid down by this Regulation, while also making certain that these obligations are limited to what is necessary to ensure contestability and tackling the harmful effects of the unfair behaviour by gatekeepers, it is important to clearly define and circumscribe them so as to allow the gatekeeper to immediately comply with them, in full respect of Regulation (EU) 2016/679 and Directive 2002/58/EC, consumer protection, cyber security and product safety. The gatekeepers should ensure the compliance with this Regulation by design. The necessary measures should therefore be as much as possible and where relevant integrated into the technological design used by the gatekeepers. However, it may in certain cases be appropriate for the Commission, following a dialogue with the gatekeeper concerned, to furthertechnically specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with those obligations that are susceptible of being further specifiedtechnically implement those obligations. This possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the Regulation and should by no means constitute grounds to assume thatthe gatekeeper may invoke an efficiency defence. In order ensure the exante effects on fairness and contestability of markets and for the sake of legal certainty, it is essential that the Commission takes compliance decisions within legally binding deadlines.
Amendment 326 #
Proposal for a regulation
Recital 60
Recital 60
(60) In exceptional circumstances justified on the limited grounds of public morality, public health or public security, the Commission should be able to decide that the obligation concerned does not apply to a specific core platform service. Affecting these public interests can indicate that the cost to society as a whole of enforcing a certain obligation would in a certain exceptional case be too high and thus disproportionate. The regulatory dialogue to facilitate compliance with limited and duly justified suspension and exemption possibilities should ensure the proportionality of the obligations in this Regulation without undermining the intended ex ante effects on fairness and contestability.
Amendment 329 #
Proposal for a regulation
Recital 61
Recital 61
(61) The data protection and privacy interests of end users are relevant to any assessment of potential negative effects of the observed practice of gatekeepers to collect and accumulate large amounts of data from end users. EIn order to ensuringe an adequate level of transparency of profiling practices employed by gatekeepers facilitates contestability of core platform services, by puttingdata and consumer protection, external pressure should be put on gatekeepers to prevent making deep consumer profiling the industry standard, in particular given that potential entrants or start-up providers cannot access data to the same extent and depth, and at a similar scale. Enhanced transparency should allow other providers of core platform services to differentiate themselves better through the use of superior privacy guaranteeing facilities. To ensure a minimum level of effectiveness of this transparency obligation, gProviders of core platform services should commit to superior privacy guaranteeing facilities. Businessmodels that are based on the commercial tracking and profiling of consumers should be proscribed. To that end the mixing of data from different services should be prohibited. Gatekeepers should at least provide a description of the basis upon which profiling is performed, including whether personal data and data derived from user activity is relied on, the processing applied, the purpose for which the profile is prepared and eventually used, the impact of such profiling on the gatekeeper’s services, and the steps taken to enable end users to be aware of the relevant use of such profiling, as well as to seek their consent. Suchinformation should be shared with other relevant enforcement authorities, in particular Data Protection Authorities.
Amendment 332 #
Proposal for a regulation
Recital 62
Recital 62
(62) In order to ensure the full and lasting achievement of the objectives of this Regulation, the Commission should be able to assess whether a provider of core platform services should be designated as a gatekeeper without meeting the quantitative thresholds laid down in this Regulation; whether systematic non- compliance by a gatekeeper warrants imposing additional remedies; and whether the list of obligations addressing unfair practices by gatekeepers should be reviewed and additional practices that are similarly unfair and limiting the contestability of digital markets should be identified. Such assessment should be based on market investigations to be run in an appropriate timeframe, by using clear procedures and legally binding deadlines, in order to support the ex ante effect of this Regulation on contestability and fairness in the digital sector, and to provide the requisite degree of legal certainty.
Amendment 339 #
Proposal for a regulation
Recital 64
Recital 64
(64) The Commission should investigate and assess whether additional behavioural, or, where appropriate, structural remedies are justified, in order to ensure that the gatekeeper cannot frustrate the objectives of this Regulation by systematic non- compliance with one or several of the obligations laid down in this Regulation, which has further strengthened its gatekeeper position. This would be the case of systematic buy of growing companies, if the gatekeeper’s size in the internal market has further increased, economic dependency of business users and end users on the gatekeeper’s core platform services has further strengthened as their number has further increased and the gatekeeper benefits from increased entrenchment of its position. The Commission should therefore in such cases have the power to impose any remedy, whether behavioural or structural, having due regard to the principle of proportionality. Structural remedies, such as legal, functional or structural separation, including the divestiture of a business, or parts of it, should only be imposed either where there is no equally effective behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the undertaking concerned than the structural remedy. Changes to the structure of an undertaking as it existed before the systematic non- compliance was established would only be proportionate where there is a substantial risk that this systematic non-compliance results from the very structure of the undertaking concerned. The Commission should be entitled to require changes to the imposed remedies if, following an investigation, it finds that the remedies are not effective to ensure compliance by the gatekeeper with its obligations laid down in Articles 5 or 6.
Amendment 342 #
Proposal for a regulation
Recital 65
Recital 65
(65) The services and practices in core platform services and markets in which these intervene can change quickly and to a significant extent. To ensure that this Regulation remains up to date and constitutes an effective and holistic regulatory response to the problems posed by gatekeepers, it is important to provide for a regular review of the lists of core platform services as well as of the obligations provided for in this Regulation. This is particularly important to ensure that behaviour that may limit the contestability of core platform services or is unfair is identified. While it is important to conduct a review on a regular basis, given the dynamically changing nature of the digital sector, in order to ensure legal certainty as to the regulatory conditions, any reviews should be conducted within a reasonable and appropriate time-frame. Market investigations should also ensure that the Commission has a solid evidentiary basis on which it can assess whether it should propose to amend this Regulation in order to expand, or further detail, the lists of core platform services. They should equally ensure that the Commission has a solid evidentiary basis on which it can assess whether it should propose to amend the obligations laid down in this Reguldopt a delegated act updating such obligations. Such an update should only enable the Commission to add new obligations or whether it should adopt a delegated act updating such obligaprohibitions to this Regulation but not to eliminate current obligations or prohibitions.
Amendment 350 #
Proposal for a regulation
Recital 67
Recital 67
(67) Where, in the course of a proceeding into non-compliance or an investigation into systemic non- compliance, a gatekeeper offers commitments to the Commission, the latter should be able to adopt a decision making these commitments binding on the gatekeeper concerned, where it finds that the commitments ensure effective compliance with the obligations of this Regulation. This decision should also find that there are no longer grounds for action by the Commission. If following an investigation, the commitments prove ineffective, the Commission shall be entitled to propose changes to the commitments to ensure its effectiveness.
Amendment 354 #
Proposal for a regulation
Recital 68
Recital 68
(68) In order to ensure effective implementation and compliance with this Regulation, the Commission, supported by the Member States, should have strong investigative and enforcement powers, to allow it to investigate, enforce and monitor the rules laid down in this Regulation, while at the same time ensuring the respect for the fundamental right to be heard and to have access to the file in the context of the enforcement proceedings. The Commission should dispose of these investigative powers also for the purpose of carrying out market investigations for the purpose of updating and reviewing this Regulation.
Amendment 359 #
Proposal for a regulation
Recital 72
Recital 72
(72) The Commission should be able to take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in this Regulation. Such actions should include the ability of the Commission to appoint independent external experts, such as and auditors to assist the Commission in this process, including where applicable from competent independent authorities, such as data or consumer protection authorities. The Commission should set up rotating auditor teams with members from different organisations and backgrounds in order to strike a balance between obtaining institutional knowledge and experience on the one hand and avoiding regulatory capture on the other hand. The teams should rotate and be regularly restructured to achieve a proper balance between experience and modernity. Rotating teams of auditors are more difficult to capture than single persons. This should apply as well to any external independent control authority. Auditors or staff from any external independent control authority should also be subject to an appropriate “cooling off” period.
Amendment 364 #
Proposal for a regulation
Recital 74 a (new)
Recital 74 a (new)
(74 a) Consumers should be entitled to enforce their rights in relation to the obligations imposed on gatekeepers under this Regulation through collective redress actions in accordance with Directive (EU) 2020/1818.
Amendment 373 #
Proposal for a regulation
Recital 78
Recital 78
(78) The Commission should periodically evaluate this Regulation and closely monitor its effects on the contestability and fairness of commercial relationships in the online platform economy, in particular with a view to determining the need for amendments in light of relevant technological or commercial developments. This evaluation should include the regular review of the list of core platform services and the obligations addressed to gatekeepers as well as enforcement of these, in view of ensuring that digital markets across the Union are contestable and fair. In order to obtain a broad view of developments in the sector, the evaluation should take into account the experiences of Member States and relevant stakeholders. The Commission may in this regard also consider the opinions and reports presented to it by the Observatory on the Online Platform Economy that was first established by Commission Decision C(2018)2393 of 26 April 2018. Following the evaluation, the Commission should take appropriate measures. The Commission should to maintain a high level of consumer protection and respect for the common EU rights and values, particularly equality and non- discrimination, as an objective when conducting the assessments and reviews of the practices and obligations provided in this Regulation.
Amendment 386 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down harmonised rules ensuring contestable and fair markets for both business users and end users, in the digital sector across the Union where gatekeepers are present.
Amendment 403 #
Proposal for a regulation
Article 1 – paragraph 6
Article 1 – paragraph 6
6. This Regulation is without prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice to the application of: national rules prohibiting anticompetitive agreements, decisions by associations of undertakings, concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposing additional obligations on gatekeepers; Council Regulation (EC) No 139/200438 and national rules concerning merger control; Regulation (EU) 2019/1150 and Regulation (EU) …./.. of the European Parliament and of the Council39 . It is as well without prejudice to Regulation (EU) 2019/1150; Regulation (EU) 2016/679; Directive 2002/58 and Directive 2005/29/EC of the European Parliament and of the Council and Council Directive 93/13/EEC. _________________ 38Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1). 39Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
Amendment 413 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
Article 2 – paragraph 1 – point 2 – introductory part
(2) ‘Core platform service’ means a widespread and commonly used digital service that intermediates between business users and end users or within either group and is provided by a multi- sided platform service provider that can but does not have to be multi sided, such as any of the following:
Amendment 415 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b a (new)
Article 2 – paragraph 1 – point 2 – point b a (new)
(b a) web browsers;
Amendment 416 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c a (new)
Article 2 – paragraph 1 – point 2 – point c a (new)
(c a) online on-demand audiovisual services;
Amendment 417 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c b (new)
Article 2 – paragraph 1 – point 2 – point c b (new)
(c b) online on-demand audio media services;
Amendment 418 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point d a (new)
Article 2 – paragraph 1 – point 2 – point d a (new)
(d a) voice assistants;
Amendment 419 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point d b (new)
Article 2 – paragraph 1 – point 2 – point d b (new)
(d b) mobile payment services;
Amendment 424 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point g
Article 2 – paragraph 1 – point 2 – point g
(g) software as a service including cloud computing services;
Amendment 426 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h
Article 2 – paragraph 1 – point 2 – point h
(h) advertising services, including any advertising networks, advertising exchanges and any other advertising intermediation services, provided by a provider where the undertaking to which it belongs is also a provider of any of the core platform services listed in points (a) to (g);
Amendment 446 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6 a) ‘Webbrowser’ means software used by users of client PCs, smart mobile devices and other devices to access and interact with web content hosted on servers that are connected to networks such as the Internet, including standalone web browsers as well as web browsers integrated or embedded in software or similar;
Amendment 447 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7 a) ‘Online on-demand audiovisual service’ means a service as defined in point (g)of Article 1(1) of Directive (EU) 2010/13;
Amendment 448 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 b (new)
Article 2 – paragraph 1 – point 7 b (new)
(7 b) ‘Online on-demand audio media service’ (i.e. a non-linear audio media service) means an audio media service provided by a media service provider for the listening of programmes at the moment chosen by the user and at his individual request on the basis of a catalogue of programmes selected by the media service provider;
Amendment 449 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8 a) ‘Voice assistants’ means software that responds to oral or written commands and performs tasks such as executing search queries, accessing and interacting with other digital services on behalf of the end user;
Amendment 450 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 b (new)
Article 2 – paragraph 1 – point 8 b (new)
(8 b) ‘Mobile payment service’ means a payment service operated under financial regulation and performed from or via a mobile device;
Amendment 457 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
(10 a) ‘software as a service’ means a method of software delivery in which software is accessed online via a subscription;
Amendment 475 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘Ranking’ means the relative prominence given to goods or services offered through online intermediation services or online social networking services, or the relevance given to search results by online search engines, as presented, organised or communicated by the providers of online intermediation services or of online social networkingcore platform services or by providers of online search engines, respectively, whatever, irrespective of the technological means used for such presentation, organisation or communication;
Amendment 478 #
(18 a) ’Search results’ means any information in any format, including texts, graphics, voice or other output, returned by core platform services provider in response and related to a written or oral search query, irrespective of whether the information is an organic result, a paid result, a direct answer or any product, service or information offered in connection with, or displayed along with, or partly or entirely embedded in, the organic results;
Amendment 482 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
(18 a) ‘Organic results’ are ‘search results’ that are solely based upon the relevance of the information to the end user and allow the end user to access the corresponding information directly;
Amendment 485 #
(23 a) 'overriding reasons of public interest’ means reasons recognised as such in the case law of the Court of Justice, including the following grounds: public policy; public security; public safety; public health; preserving the financial equilibrium of the social security system; the protection of consumers, recipients of services and workers; fairness of trade transactions; combating fraud; the protection of the environment;
Amendment 489 #
Proposal for a regulation
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
(23 a) ‘persons with disabilities’ means persons within the meaning of Article 3 (1) of Directive (EU) 2019/882;
Amendment 491 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Amendment 494 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. A provider of core platform services ishall be designated as gatekeeper if:
Amendment 495 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) it operates a core platform service which serves as an important gateway for business users to reach endor end users to reach other end users or business users; and
Amendment 501 #
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. A provider of core platform services shall be presudeemed to satisfy:
Amendment 503 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual EEA turnover equal to or above EUR 6.5 billion in the last three financial years, or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least EUR 65 billion in the last financial year, and it provides a core platform service in at least three Member States;
Amendment 510 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
Article 3 – paragraph 2 – point b – introductory part
(b) the requirement in paragraph 1 point (b) where it provides a core platform service that has more than 4523 million monthly active end users established or located in the Union across all of its core platform services and more than 107 000 yearly active business users established in the Union during the last financial year;
Amendment 513 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – paragraph 1
Article 3 – paragraph 2 – point b – paragraph 1
for the purpose of the first subparagraph, monthly active end users shall refer to the average number of monthly active end users throughout the largest partat least six (not necessarily consecutive) months of the last financial year;
Amendment 520 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) the requirement in paragraph 1 point (c) where the thresholds in point (b) were met in each of the last threewo financial years.
Amendment 522 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Where a provider of core platform services meets all the thresholds in paragraph 2, it shall notify the Commission thereof within three months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. That notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). The notification shall be updated whenevbe considered as a gatekeeper and shall comply with all its obligations under other core platform services individually meet the thresholds in paragraph 2 point (b)urrent Regulation.
Amendment 529 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
Amendment 532 #
Amendment 540 #
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
Amendment 547 #
Proposal for a regulation
Article 3 – paragraph 6 – introductory part
Article 3 – paragraph 6 – introductory part
6. The Commission may identify as a gatekeepershall, in accordance with the procedure laid down in Article 15, identify as a gatekeeper any provider of core platform services that meets each of the requirements of paragraph 1, but does not satisfy each of the thresholds of paragraph 2, or has not presented sufficiently substantiated arguments in accordance with paragraph 4.
Amendment 550 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point a
Article 3 – paragraph 6 – subparagraph 1 – point a
(a) the size, including turnover and market capitalisation, operations and position of the provider of core platform services as well as the market share in the relevant market;
Amendment 551 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point a
Article 3 – paragraph 6 – subparagraph 1 – point a
(a) the size, including turnover and market capitalisation, operations and position of the provider of core platform services, fairness in the market;
Amendment 552 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point b
Article 3 – paragraph 6 – subparagraph 1 – point b
(b) the number of business users depending on the core platform service to reach end users and the number of end users or the availability of equally effective ways for business users and end- users to reach each other;
Amendment 556 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point e
Article 3 – paragraph 6 – subparagraph 1 – point e
(e) entrenched lack of choice, business user or end user dependency or lock-in;
Amendment 571 #
Proposal for a regulation
Article 3 – paragraph 7
Article 3 – paragraph 7
7. For each gatekeeper identified pursuant to paragraph 41 or identified pursuant to paragraph 6, the Commission shall identify the relevant undertaking to which it belongs and list the relevant core platform services that are provided within that same undertaking and which individually serve as an important gateway for business users to reach end users as referred to in paragraph 1(b).
Amendment 573 #
Proposal for a regulation
Article 3 – paragraph 8
Article 3 – paragraph 8
8. The gatekeeper shall comply with the obligations laid down in Articles 5 and 6 within sixas soon as possible, and in any case no later than two months after a core platform service has been included in the list pursuant to paragraph 7 of this Article. If a gatekeeper fails to comply with the obligations within these 2 months, Articles 25 and 26 are applicable.
Amendment 583 #
Proposal for a regulation
Article 3 – paragraph 8 a (new)
Article 3 – paragraph 8 a (new)
8 a. Where a gatekeeper fails to comply with the deadline in paragraph 8, the Commission shall open proceedings pursuant to Article 18 without delay and at the latest within two months of that deadline.
Amendment 586 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. The Commission shall regularly, and at least every 24 years, review whether the in line with Article 3 (6) designated gatekeepers continue to satisfy the requirements laid down in Article 3(1), oand at least every year whether new providers of core platform services satisfy those requirements. The regular review shall also examine whether the list of affected core platform services of the gatekeeper needs to be adjusted. The review shall not have any suspending effect on the obligations.
Amendment 591 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall publish and update the list of gatekeepers and the list of the core platform services for which they need to comply with the obligations laid down in Articles 5 and 6 on an on-going basis. The Commission shall publish an annual report setting out the findings of its monitoring activities and present it to the European Parliament and the Council of the European Union.
Amendment 601 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) refrain fromnot combininge personal data sourced from these core platform services with personal data from the same core platform service and any other services offered by the gatekeeper or with personal data from third-party services, and fromnot signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679. ;
Amendment 617 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) allow business users to offer the same products or services to end users through third party online intermediation services or its own online services at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;
Amendment 628 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) allow business users to promote any offers to end users acquired viaor to communicate with end users within or outside the core platform service, and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not, and allow end users to access and use, through the core platform services of the gatekeeper, content, subscriptions, features or other items by using the software application of a business user, where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper;
Amendment 644 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users to use, offer or interoperate with an identification service of the gatekeeperr any other ancillary service of the gatekeeper itself or third parties belonging to the same undertaking, in the context of services offered by the business users using the core platform services of that gatekeeper;
Amendment 662 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) refrain fromnot requiringe business users or end users to subscribe to or register with any other core platform services identified pursuant to Article 3 or which meets the thresholds in Article 3(2)(b) as a condition to access, sign up or register to any of their core platform services identified pursuant to that Article nor achieving the same result through product design;
Amendment 666 #
Proposal for a regulation
Article 5 – paragraph 1 – point f a (new)
Article 5 – paragraph 1 – point f a (new)
(f a) A platform must refrain from requiring ‘the acceptance of supplementary conditions or services that, by their nature or according to commercial usage, have no connection with and are not necessary for the provision of the platform or services to its business users’.
Amendment 674 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) provide advertisers and publishers to which it supplies advertising services, upon their request, with complete information concerning the price paid by the advertiser and publisher,-setting mechanisms and schemes for the calculation of the fees as well as the price and fees paid by the advertiser and publisher, including any deductions and surcharges as well as the amount or remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper.
Amendment 683 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(g a) refrain from treating more favourably when ranking and/or displaying services and products offered by the provider of online search engines itself or by any third party belonging to the same undertaking compared to similar services or products of third parties and apply fair and non-discriminatory conditions to such ranking and displaying. The services and products offered by the provider of online search engines shall be treated on the same commercial and operational basis as similar services or products of third parties.
Amendment 686 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(g a) refrain from disclosing any commercially sensitive information obtained in connection with one of its advertising services to any third party belonging to the same undertaking and from using such commercially sensitive information for any purposes other than the provision of the specific advertising service unless this is necessary for carrying out a business transaction.
Amendment 693 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(g a) not use, any data that has been generated in the relationship between business users and end users, and that is not also available to the business user itself; this includes not using such data to launch products or services that compete with the products or services offered by their business users;
Amendment 700 #
Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
Article 5 – paragraph 1 – point g b (new)
(g b) not install any pre-installed software applications on its core platform service without prejudice to the possibility for a gatekeeper to do such pre- installation in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third- parties;
Amendment 707 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Obligations for gatekeepers susceptible of being further technically specified
Amendment 709 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 718 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 729 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) allow the installation, default setting by business users and end users and effective use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. The end user shall be required to decide which application or application store should become the default. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper provided that the gatekeeper can prove that such measures are necessary, proportionate and justified to safeguard the integrity of the hardware or operating system;
Amendment 741 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from treating more favourably in ranking and other settings, as well as in access to and conditions for the use of services, functionalities or technical interfaces, core platform and ancillary services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non- discriminatory conditions to such prankingctices;
Amendment 766 #
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) refrain fromnot technically restricting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system of the gatekeeper, including as regards the choice of Internet access provider for end users;
Amendment 774 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) allow business users, end users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary servicesof those services while guaranteeing a high level of security and personal data protection;
Amendment 780 #
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(f a) provide the information to allow third-party operating systems, software applications or ancillary services to interoperate with the gatekeeper's core platform services by making the core platform service's features and functionality available to the fullest extent as technically supported by the core platform service, for use with the third- party software application or service;
Amendment 785 #
Proposal for a regulation
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, upon their request and free of charge, with access to the performance measuring tools of the gatekeeper and provide for entire disclosure and transparency of the parameters and data used for decision making, execution and measurement of the intermediation services. A gatekeeper shall further provide, free of charge, complete and the information necessary for advertisers and publishers to carry out their own independent high-quality and real- time evaluation of intermediation services, including verification of the ad inventory;
Amendment 794 #
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) provideimplement appropriate technical and organisational measures for ensuring effective portability of data generated through the activity of a business user or end user and shall, in particular, provide tools for end users to facilitate the exercise of data portability that is adequate, relevant and limited to what is necessary, in line with Regulation EU 2016/679, including by the provision of continuous and real-time access ;
Amendment 802 #
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) provide business users and end users, or third parties authorised by a business user or end user, free of charge, in a user friendly manner with effective, high-quality, continuous and real-time access and use of aggregated orand non- aggregated data, that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service in line with the principles of purpose limitation and data minimisation, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; ;
Amendment 806 #
Proposal for a regulation
Article 6 – paragraph 1 – point i a (new)
Article 6 – paragraph 1 – point i a (new)
(i a) provide their services, including user interfaces, in an accessible way to persons with disabilities in accordance with Article 13 of Directive (EU) 2019/882 and ensure that business users which rely on their core platform service to reach consumers for offering services and products in the scope of Directive(EU) 2019/882, comply with the requirements of Directive (EU) 2019/882.
Amendment 809 #
Proposal for a regulation
Article 6 – paragraph 1 – point j
Article 6 – paragraph 1 – point j
(j) provide to any third party providers of online search engines, upon their request, with access on fair, reasonable and non-discriminatory terms to ranking, query, click and view data in relation to free and paid search generated by end users on online search engines of the gatekeeper, subject to anonymisation for the ranking, query, click and view data that constitutes personal data;
Amendment 815 #
Proposal for a regulation
Article 6 – paragraph 1 – point k
Article 6 – paragraph 1 – point k
(k) apply fair and non-discriminatory general conditions of access for business users and end users to any of its core platform services by default through implementing appropriate technical and organisational measures to its software application store designated pursuant to Article 3 of this Regulation.
Amendment 825 #
Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
Article 6 – paragraph 1 – point k a (new)
(k a) refrain from practices that obstruct the option to unsubscribe from a core platform service, whereas the subscription is easily facilitated. In practice, both processes shall be equally demanding for business and end users.
Amendment 833 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Amendment 835 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. For the purposes of point (a) of paragraph 1 data that is not publicly available shall include any aggregated and non-aggregated data generated by business users that can be inferred from, or collected through, the commercial activities of business users or their customers on the core platform service of the gatekeeper. The Commission is required to publish the technical specifications for individual gatekeepers, without prejudice to business secrets.
Amendment 843 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The measures implemented by the gatekeeper to ensure compliance with the obligations laid down in Articles 5 and 6 shall be effective in achieving the objective of the relevant obligation and the objectives of this Regulation, namely safeguarding contestability and fairness for business users as well as end users . The gatekeeper shall ensure that these measures are implemented in compliance with Regulation (EU) 2016/679 and Directive 2002/58/EC, and with legislation on cyber security, consumer protection and product safety.
Amendment 858 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the Commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, do not ensure effective compliance with the relevant obligations laid down in Article 6, it may by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision within sixthree months from the opening of proceedings pursuant to Article 18.
Amendment 864 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Paragraph 2 of this Article is without prejudice to the powers of the Commission under Articles 25, 26 and 27. Where the Commission takes a decision under Article 26 following a decision pursuant to paragraph 2 or 7, for the purposes of fixing the amount of the fine under Article 26(3), the Commission may consider the duration of the non- compliance to commence from the implementation deadline in Article 3(8).
Amendment 869 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. In view of adopting the decision under paragraph 2, the gatekeeper shall communicate to the Commission the measures it intends to implement within one month from the opening of the proceedings. The Commission shall communicate its preliminary findings within threone months from the opening of the proceedingsreceiving such communication. In the preliminary findings, the Commission shall explain the measures it considers to take or it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings.
Amendment 884 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. A gatekeeper may request within the implementation deadline of Article 3 paragraph 8the opening of proceedings pursuant to Article 18 for the Commission to determine whether the measures that the gatekeeper intends to implement or has implemented under Article 6 are effective in achieving the objective of the relevant obligation in the specific circumstances. A gatekeeper may, with its request, provide a reasoned submission to explain in particular why the measures that it intends to implement or has implemented are effective in achieving the objective of the relevant obligation in the specific circumstances. The Commission shall adopt its decision within six months from the opening of proceedings pursuant to Article 18.
Amendment 888 #
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7a. Where the Commission has reason to believe that a gatekeeper is in non- compliance with a decision under paragraph 2 or 7, it shall open proceedings in accordance with Article 18, with a view to taking an Article 25 and 26 decision, without delay and at the latest within six months.
Amendment 891 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission may, on a reasoned request by the gatekeeper, exceptionally suspend, in whole or in part, a specific obligation laid down in Articles 5 and 6 for a core platform service by decision adopted in accordance with the advisory procedure referred to in Article 32(4), where the gatekeeper demonstrates that compliance with that specific obligation would endanger, due to exceptional circumstances beyond the control of the gatekeeper, the economic viability of the operation of the gatekeeper in the Union, and only to the extent necessary to address such threat to its viability. The Commission shall aim to adopt the suspension decision without delay and at the latest 3 months following receipt of a complete reasoned request and accompany this by a reasoned statement explaining the grounds for the suspension.
Amendment 904 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission may, acting on a reasoned request by a gatekeeper or on its own initiative, by decision adopted in accordance with the advisory procedure referred to in Article 32(4), exempt it, in whole or in part, from a specific obligation laid down in Articles 5 and 6 in relation to an individual core platform service identified pursuant to Article 3(7), where such exemption is justified on the grounds set out in paragraph 2 of this Article. The Commission shall adopt the exemption decision at the latest 3 months after receiving a complete reasoned request and accompany by a reasoned statement explaining the grounds for the suspension.
Amendment 913 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 34 to update the obligations laid down in Articles 5 and 6 where, based on a market investigation pursuant to Article 17, it has identified the need for new additional obligations addressing practices that limit the contestability of core platform services or are unfair in the same way as the practices addressed by the obligations laid down in Articles 5 and 6. Suchan update should only enable the Commission to add new obligations or prohibitions to this Regulation but not to eliminate current obligations or prohibitions.
Amendment 925 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) there is an imbalance of rights and obligations on business users and the gatekeeper is obtaining an advantage from business users that is disproportionate to the service provided by the gatekeeper to business users or end users; or
Amendment 929 #
Proposal for a regulation
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
(ba) the rights of users in relation to their privacy and equal access and choice to services, including for users with disabilities, is not guaranteed.
Amendment 934 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with by the gatekeeper themselves as well as undertakings which they belong. While the obligations of Articles 5 and 6 apply in respect of core platform services designated pursuant to Article 3, their implementation shall not be undermined by any behaviour of the undertaking to which the gatekeeper belongs, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature.
Amendment 937 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core platform services designated pursuant to Article 3, their implementation shall not be undermined by any behaviour of the undertaking to which the gatekeeper belogatekeeper itself or of any third party belonging to the same undertakings, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature.
Amendment 941 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where consent for collecting and processing of personal data is required to ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to either enable business users to directly obtain at the level of their own services or products, the required consent to their processing, where required under Regulation (EU) 2016/679 and Directive 2002/58/EC, or to comply with Union data protection and privacy rules and principles in other ways including by providing business users with duly anonymised data where appropriate. The gatekeeper shall not make the obtaining of this consent by the business user more burdensome than for its own services.
Amendment 944 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where consent for collecting and, processing and sharing of personal data is required to ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to either enable business users to directly obtain the required consent to their processing, where required under Regulation (EU) 2016/679 and Directive 2002/58/EC, or to comply with Union data protection and privacy rules and principles in other ways including by providing business users with duly anonymised data where appropriate. The gatekeeper shall not make the obtaining of this consent by the business user more burdensome than for its own services.
Amendment 949 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. A gatekeeper shall not degrade the conditions or quality of any of the core platform services provided to business users or end users who avail themselves of the rights or choices laid down in Articles 5 and 6, or make the exercise of those rights or choices unduly difficult, including through the use of “dark patterns” or manipulative choice architecturs.
Amendment 950 #
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. A gatekeeper shall not use manipulative choice architectures in order to obstruct or dissuade end users from switching to software applications and services, engage in practices that aim at preventing the de-installation of pre- installed apps by purposely increasing their technical integration with other system components, nor directly or indirectly circumvent any of the obligations laid down in Articles 5 and 6 .
Amendment 952 #
Proposal for a regulation
Article 12 – title
Article 12 – title
Amendment 953 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. A gatekeeper shall informnotify the Commission of any intended concentration within the meaning of Article 3 of Regulation (EC) No 139/2004 involving another provider of core platform services or of any other services provided in the digital sector irrespective of whether it is notifiable to a Union competition authority under Regulation (EC) No 139/2004 or to a competent national competition authority under national merger rules.
Amendment 959 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
A gatekeeper shall informnotify the Commission of such a concentration prior to its implementation and following the conclusion of the agreement, the announcement of the public bid, or the acquisition of a controlling interest, in accordance with the procedure set out in Regulation (EC) No 139/2004.
Amendment 963 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The notification pursuant to paragraph 1 shall at least describe for the acquisition targets their EEA and worldwide annual turnover, for any relevant core platform services their respective EEA annual turnover, their number of yearly active business users and the number of monthly active end users, as well as the rationale of the intended concentration, and its potential impact on the rights and interests of business users and end users.
Amendment 968 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. The information gathered pursuant this Article may be used in parallel competition cases, especially for purposes of merger control.
Amendment 970 #
Proposal for a regulation
Article 12 – paragraph 3 b (new)
Article 12 – paragraph 3 b (new)
Amendment 975 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Within six months after its designation pursuant to Article 3, a gatekeeper shall submit to the Commission an d Data Protection Authorities an independently audited description of any techniques for profiling of consumers that the gatekeeper applies to or across its coreany platform services identified pursuant to Article 3 and make them publicly available. This description shall be updated at least annually.
Amendment 982 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission mayshall conduct a market investigation for the purpose of examining whether a provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6), or in order to identify core platform services for a gatekeeper pursuant to Article 3(7). It shall endeavour to conclude its investigation by adopting a decision in accordance with the advisory procedure referred to in Article 32(4) within twelve months from the opening of the market investigation.
Amendment 990 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In the course of a market investigation pursuant to paragraph 1, the Commission shall endeavour to communicate its preliminary findings to the provider of core platform services concerned within six months from the opening of the investigation. In the preliminary findings, the Commission shall explain whether it considers, on a provisional basis, that the provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6).
Amendment 991 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 1001 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. When the Commission pursuant to Article 3(6) designates as a gatekeeper a provider of core platform services that does not yet enjoy an entrenched and durable position in its operations, but it is foreseeable that it will enjoy such a position in the near future, it shall declare applicable to that gatekeeper onlythe obligations laid down in Article 5(b) and Article 6(1) points (e), (f), (h) and (i)this Regulation as specified in the designation decision. The Commission shall only declare applicable those obligations that are appropriate and necessary to prevent that the gatekeeper concerned achieves by unfair means an entrenched and durable position in its operations. The Commission shall review such a designation in accordance with the procedure laid down in Article 4.
Amendment 1022 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. A gatekeeper shall be deemed to have engaged in a systematic non- compliance with the obligations laid down in Articles 5 and 6, where the Commission has issued at least threetwo non-compliance or fining decisions pursuant to Articles 25 and 26 respectively against a gatekeeper in relation to any of its core platform services within a period of five years prior to the adoption of the decision opening a market investigation in view of the possible adoption of a decision pursuant to this Article.
Amendment 1025 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 1033 #
Proposal for a regulation
Article 16 – paragraph 6 a (new)
Article 16 – paragraph 6 a (new)
6a. In order to ensure effective compliance by the gatekeeper with its obligations laid down in Articles 5 or 6, the Commission shall regularly review the remedies imposed in accordance with paragraph 1 or commitments accepted in accordance with paragraph 6. The Commission shall be entitled to require changes to the imposed remedies if, following an investigation, it finds that the remedies are not effective.
Amendment 1050 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission may by simple request or by decision require information from undertakings and associations of undertakings to provide all necessary information, including for the purpose of monitoring, implementing and enforcing the rules laid down in this Regulation. The Commission may also request access to data bases and, algorithms and A/B testing of undertakings and request explanations on those by a simple request or by a decision. Where the simple request is not fullfilled within a period of 3 weeks, the Commission may require this information by decision.
Amendment 1058 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The Commission mayshall interview any natural or legal person which consents to being interviewed for the purpose of collecting information, relating to the subject-matter of an investigation, including in relation to the monitoring, implementing and enforcing of the rules laid down in this Regulation.
Amendment 1063 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. During on-site inspections the Commission and auditors or experts appointed by it may require the undertaking or association of undertakings to provide access to and explanations on its organisation, functioning, IT system, algorithms, data-handling and business conducts. The Commission shall appoint rotating auditor or expert teams within the platform in order to have continuous and direct access to the data and algorithms. They should run behavioural experiments to evaluate the algorithm and use of the data. The Commission and auditors or experts appointed by it may address questions to key personnel.
Amendment 1076 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Should the Commission consider that the commitments submitted by the gatekeeper concerned cannot ensure effective compliance with the obligations laid down in Articles 5 and 6, it shall explain the reasons for not making those commitments binding in the decision concluding the relevant proceedings and, following an investigation, require changes to the commitments in order to make them effective.
Amendment 1080 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. End-users as well as their representatives have the right to submit formal complaints about gatekeepers non- compliance with the obligations set out in this Regulation in order to facilitate the monitoring of obligations and measures.
Amendment 1082 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. Member States shall designate authorities with particular expertise and experience to assist the Commission in the enforcement of this Regulation. They should support the Commission in the tasks of monitoring and investigating compliance. The Commission shall entitle designated authorities to use the powers enshrined in Articles 19, 20 and 21 for this purpose as well as to receive complaints from end users and business users on non-compliance by gatekeepers in their territory to report them to the Commission.
Amendment 1083 #
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. The Commission shall adopt a non- compliance decision in accordance with the advisory procedure referred to in Article 32(4) within a period of 6 months beginning from the moment of non- compliance where it finds that a gatekeeper does not comply with one or more of the following:
Amendment 1087 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. In the non-compliance decision adopted pursuant to paragraph 1, 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 the decision. The Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) impose on such gatekeeper any behavioural remedies which are proportionate to the infringement committed and necessary to ensure compliance with this Regulation.
Amendment 1093 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The gatekeeper shall provide the Commission with the description of the measures it took to ensure compliance with the decision adopted pursuant to paragraph 1. If the Commission, following an investigation, finds that the measures are not effective to ensure compliance by the gatekeeper with its obligations under Articles 5 and 6, the Commission shall be entitled to require changes to these measures.
Amendment 1099 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. In the decision pursuant to Article 25, the Commission may impose on a gatekeeper fines not exceeding 130% of its total turnover in the preceding financial year where it finds that the gatekeeper, intentionally or negligently, fails to comply with:
Amendment 1101 #
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The Commission may by decision impose on undertakings and associations of undertakings fines not exceeding 15% of the total turnover in the preceding financial year where they intentionally or negligently:
Amendment 1105 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. In fixing the amount of the fine, regard shall be had to the gravity, duration, recurrence, and, for fines imposed pursuant to paragraph 2, delay caused to the proceedings. To calculate the duration of the infringement, the starting point shall be the moment of the first non- compliance under Article 3 paragraph 8.
Amendment 1107 #
Proposal for a regulation
Article 26 – paragraph 4 – subparagraph 4
Article 26 – paragraph 4 – subparagraph 4
The financial liability of each undertaking in respect of the payment of the fine shall not exceed 130 % of its total turnover in the preceding financial year.
Amendment 1116 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The powers conferred on the Commission by Articles 26 and 27 shall be subject to a threfive year limitation period.
Amendment 1118 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The power of the Commission to enforce decisions taken pursuant to Articles 26 and 27 shall be subject to a limitation period of fiseven years.
Amendment 1123 #
Proposal for a regulation
Article 30 – paragraph 1 – point b a (new)
Article 30 – paragraph 1 – point b a (new)
(ba) all relevant procedures or decisions that affect consumers such as inter alia market investigations for designating a gatekeeper, compliance with, suspensions of and exemption from obligations, interim measures, fines.
Amendment 1126 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Gatekeepers, undertakings and, associations of undertakings concerned and third parties with a legitimate interest may submit their observations to the Commission’s preliminary findings within a time limit which shall be fixed by the Commission in its preliminary findings and which may not be less than 14 days.
Amendment 1146 #
1. The Commission shall be assisted by the Digital Markets Advisory Committee. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.The Member States shall ensure that social partners are represented in the Digital Markets Advisory Committee.
Amendment 1152 #
Proposal for a regulation
Article 33 – title
Article 33 – title
Request for a market investigation and non-compliance proceedings
Amendment 1155 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. When threone or more designated authorities of the Member States request the Commission to open an investigation pursuant to Article 15, 16 or 17 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper that there are new core platform services and practices to be added, or that there is a situation of (systemic) non-compliance, the Commission shall within fourthree months examine whether there are reasonable grounds to open such an investigation. If the Commission decides not to open an investigation, the Commission shall publish the respective reasons.
Amendment 1176 #
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article 33 a In the Annex I to Directive (EU) 2020/1828 of the European Parliament and of the Council (3), the following point is added: Regulation (EU) 20XX/XXXX of the European Parliament and of the Council of DD MMM YYYY on contestable and fair markets in the digital sector.
Amendment 1185 #
Proposal for a regulation
Article 36 – paragraph 1 – point c a (new)
Article 36 – paragraph 1 – point c a (new)
(ca) further specification of accessibility requirements pursuant point (l - new) of Article 6(1).