BETA

8 Amendments of Tom VANDENDRIESSCHE related to 2020/0374(COD)

Amendment 93 #
Proposal for a regulation
Article 3 – paragraph 1
1. A provider of core platform services shall be designated as gatekeeper if: (a) it has a significant impact on the internal market; (b) it operates a core platform service which serves as an important gateway for business users to reach end users; and (c) it enjoys an entrenched and durable position in its operations or it is foreseeable that it will enjoy such a position in the near future.deleted
2021/07/28
Committee: LIBE
Amendment 98 #
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
2. A provider of core platform services shall be presumed to satisfydesignated as gatekeeper:
2021/07/28
Committee: LIBE
Amendment 100 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) the requirement in paragraph 1 point (a) whereif 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;
2021/07/28
Committee: LIBE
Amendment 101 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
(b) the requirementand if int paragraph 1 point (b) where it providerovides for each of the last three financial years a core platform service that has more than 45 million monthly active end users established or located in the Union and more than 10 000 yearly active business users established in the Union in the last financial year;
2021/07/28
Committee: LIBE
Amendment 103 #
Proposal for a regulation
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 three financial years.deleted
2021/07/28
Committee: LIBE
Amendment 104 #
Proposal for a regulation
Article 3 – paragraph 6
6. The Commission may 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 presented sufficiently substantiated arguments in accordance with paragraph 4. For that purpose, the Commission shall take into account the following elements: (a) the size, including turnover and market capitalisation, operations and position of the provider of core platform services; (b) the number of business users depending on the core platform service to reach end users and the number of end users; (c) entry barriers derived from network effects and data driven advantages, in particular in relation to the provider’s access to and collection of personal and non-personal data or analytics capabilities; (d) scale and scope effects the provider benefits from, including with regard to data; (e) business user or end user lock-in; (f) other structural market characteristics. In conducting its assessment, the Commission shall take into account foreseeable developments of these elements. 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 and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper. 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 and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper based on facts available.deleted
2021/07/28
Committee: LIBE
Amendment 105 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 2
In conducting its assessment, the Commission shall take into account foreseeable developments of these elements.deleted
2021/07/28
Committee: LIBE
Amendment 107 #
Proposal for a regulation
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 reasonablesix months time-limit and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper.
2021/07/28
Committee: LIBE