Activities of Gwendoline DELBOS-CORFIELD related to 2020/0374(COD)
Plenary speeches (1)
Digital Markets Act (debate)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on contestable and fair markets in the digital sector (Digital Markets Act)
Amendments (49)
Amendment 44 #
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. 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 presumed to have a significant impact on the internal market where it provides a core platformoffers its services 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. A provider should be considered to be offering its service in a Member State if the service is, for example, translated in one of official languages of the Member State or if the provider is actively seeking business opportunities in that Member State. A plain availability of a service in a Member State should not be considered as a proactive offering of a service by the provider. 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 52 #
Proposal for a regulation
Recital 42
Recital 42
(42) The conditions under which gatekeepers provide online advertising services including targeted online advertising services based on contextual information to business users including both advertisers and publishers are often non- transparent and opaque. This opacity is partly linked to the practices of a few platforms, but is also due to the sheer complexity of modern day programmatic advertising. The sector is considered to have become more non-transparent after the introduction of new privacy legislation, and is expected to become even more opaque with the announced removal of third-party cookies. This often leads to a lack of information and knowledge for advertisers and publishers about the conditions of the advertising services they purchased and undermines their ability to switch to alternative providers of online advertising services. Furthermore, the costs of online advertising are likely to be higher than they would be in a fairer, more transparent and contestable platform environment. These higher costs are likely to be reflected in the prices that end users pay for many daily products and services relying on the use of online advertising. Transparency obligations should therefore require gatekeepers to provide advertisers and publishers to whom they supply targeted online advertising services based on contextual information, when requested and to the extent possible, with information that allows both sides to understand the price paid for each of the different advertising services provided as part of the relevant advertising value chain. Contextual information may include keywords, the language setting communicated by the device of the end user or the geographical region of the end users to whom an advertisement is displayed, without allowing for the identification of one or more natural persons. The targeting of end users using personal data should be phased out.
Amendment 53 #
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 end users to install and effectively use third party software applications or software application stores or repositories 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 or repositories 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. 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 56 #
Proposal for a regulation
Recital 52
Recital 52
(52) Gatekeepers may also have a dual role as developers of operating systems and device manufacturers, including any technical functionality that such a device may have. For example, a gatekeeper that is a manufacturer of a device may restrict access to some of the functionalities in this device, such as near-field-communication technology and the software used to operate that technology, which may be required for the effective provision of an ancillary service by the gatekeeper as well as by any potential third party provider of such an ancillary service. Such access may equally be required by software applications related to the relevant ancillary services in order to effectively provide similar functionalities as those offered by gatekeepers. If such a dual role is used in a manner that prevents end users or alternative providers of ancillary services or of software applications to have access under equal conditions to the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services, this could significantly undermine innovation by providers of such ancillary services as well as choice for end users of such ancillary services. The gatekeepers should therefore be obliged to ensure access under equal conditions to, and interoperability with, the same operating system, hardware or software features that are available or used in the provision of any ancillary services by the gatekeeper.
Amendment 57 #
Proposal for a regulation
Recital 53
Recital 53
(53) The conditions under which gatekeepers provide targeted online advertising services based on contextual information to business users including both advertisers and publishers are often non- transparent and opaque. This often leads to a lack of information for advertisers and publishers about the effect of a given ad. To further enhance fairness, transparency and contestability of online advertising services designated under this Regulation as well as those that are fully integrated with other core platform services of the same provider, the designated gatekeepers should therefore provide advertisers and publishers, when requested, with free of charge access to the performance measuring tools of the gatekeeper for the purpose of targeted digital advertising based on contextual information and the information necessary for advertisers, advertising agencies acting on behalf of a company placing advertising, as well as for publishers to carry out their own independent verification of the provision of the relevant online advertising services.
Amendment 58 #
Proposal for a regulation
Recital 55
Recital 55
(55) Business users that use large core platform services provided by gatekeepers and end users of such business users provide and generate a vast amount of data, including data inferred from such use. In order to ensure that business users have access to the relevant data thus generated, the gatekeeper should, upon their request, allow unhindered access, free of charge, to suchaggregated, non-personal data. Such access should also be given to third parties contracted by the business user, who are acting as processors of this data for the business user. Data provided or generated by the same business users and the same end users of these business users in the context of other services provided by the same gatekeeper may be concerned where this is inextricably linked to the relevant request. To this end, a gatekeeper should not use any contractual or other restrictions to prevent business users from accessing relevant data and should enable business users to obtain consent of their end users for such data access and retrieval, where such consent is required under Regulation (EU) 2016/679 and Directive 2002/58/EC. Gatekeepers should also facilitate access to these data in real time by means of appropriate technical measures, such as for example putting in place high quality application programming interfaces.
Amendment 59 #
Proposal for a regulation
Recital 57
Recital 57
(57) In particular gatekeepers which provide access to software application stores, online search engines and online social networking services serve as an important gateway for business users that seek to reach end users, which can have an adverse effect on the end users' right to receive and impart information and ideas, and ultimately adversely affect media pluralism. In view of the imbalance in bargaining power between those gatekeepers on the one hand, and business users of their software application stores, particularly when accessing their online search engine and online social networks, on the other hand, 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 stores; prices charged or conditions imposed by the provider of the software application store, online search engine or online social networking service 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 store for the same service the gatekeeper offers to itself. Determining the fairness of general access conditions should allow for the revenue stream of digital content providers to be more transparent, notably in terms of revenues deriving from advertisement, and in terms of distribution of appropriate shares of revenues to the authors of works incorporated in press publications. 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].
Amendment 66 #
Proposal for a regulation
Recital 79 – point 1
Recital 79 – point 1
This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, in particular Articles 11, 16, 47 and 50 thereof. Accordingly, this Regulation should be interpreted and applied with respect to those rights and principles
Amendment 67 #
Proposal for a regulation
Recital 79 – point 1 – point 1 (new)
Recital 79 – point 1 – point 1 (new)
1) The Commission shall take enforcement action for non-compliance with this Regulation in an appropriate timeframe within legally binding deadlines. Where it adopts a non- compliance decision, the Commission in shall be entitled to specify the measures the gatekeeper shall implement to ensure effective compliance with its obligations. This may include, in addition to a cease and desist order, any proportionate measures to restore the contestability of the market where this has been harmed by the gatekeeper’s non-compliance. The Commission shall, where appropriate, be entitled to require the measures to be tested, including A/B tested, to optimise their effectiveness. The Commission shall regularly review the measures adopted to ensure compliance by the gatekeeper with its obligations under Articles 5 and 6, and where it finds that they are not effective, the Commission shall be entitled to require amendment of these measures.
Amendment 69 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1 a. This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, in particular Articles 7, 8, 11 and 47 thereof. Accordingly, this Regulation is interpreted and applied with respect to those rights and principles.
Amendment 72 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4 a. This Regulation is without prejudice to Regulation (EU) 2016/679 and Directive 2002/58/EC.
Amendment 76 #
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 gatekeepersse rules are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this regulation; 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 . _________________ 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 78 #
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 80 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h a (new)
Article 2 – paragraph 1 – point 2 – point h a (new)
(h a) voice assistance
Amendment 83 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) Non-commercial, not-for profit, collaborative projects, organised on a voluntary basis should not be considered as core services.
Amendment 86 #
Proposal for a regulation
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
(23 a) ‘Consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes as defined in point (11) of Article 4 of Regulation (EU) 2016/679.
Amendment 96 #
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 reachor end users to reach other business users or end users; and
Amendment 102 #
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 116 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in business users or 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 120 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) refrain from directly or indirectly preventing or restricting business users from raising issues with any relevant public authority, including judicial authority, relating to any practice of gatekeepers;
Amendment 129 #
(g) provide advertisers and publishers to which it supplies advertising services, upon their request, with information concerning the price paid by the advertiser and publisher, 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., and refrain from collecting or processing personal data as defined by Regulation (EU) 2016/679 for the purpose of targeting the end users to whom advertisements are displayed;
Amendment 130 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(g a) allow end users, and business users of number independent interpersonal communication services and social networking services to access and interoperate with the main functionalities of the gatekeepers’ services for the purpose of enabling cross-platform exchange of information by providing open standards, and open protocols including Application Programming Interfaces;
Amendment 134 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) refrain from using, in competition with business users, any data not publicly available, which is generated through activities by those business users, including by the end users of these business users and end users, of its core platform services or provided by those business users of its core platform services or by the end users of these business users;
Amendment 137 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) allow the installation and, effective use, setting as the default, and interoperability 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 or repositories to be accessed by means other than the core platform services of that gatekeeper. 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;
Amendment 138 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from embedding or treating more favourably in ranking 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 ranking; the gatekeeper shall also refrain from favouring additional services or products offered by the gatekeeper or by a third party belonging to the same undertaking compared to similar services or products of third party, or from discriminating third parties in any way with unequal treatment on core platform services of the gatekeeper to similar services offered by the gatekeeper or a third party belonging to the same undertaking;
Amendment 144 #
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 core platform or ancillary services; 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 148 #
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 for the purpose of targeted digital advertising based on contextual information and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory;
Amendment 152 #
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) provide 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, in line witheffective portability of personal data generated through his or her activity as end-user of platform services, in accordance with Article 20 of Regulation EU 2016/679, including by the provision of continuous and real-time access ;
Amendment 155 #
Proposal for a regulation
Article 6 – paragraph 1 – point h a (new)
Article 6 – paragraph 1 – point h a (new)
(h a) allow end users, and business users of number independent interpersonal communication services and social networking services to access and interoperate with the main functionalities of the gatekeepers’ services for the purpose of enabling cross-platform exchange of information by providing open standards, and open protocols including Application Programming Interfaces;
Amendment 157 #
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 or non-aggregated non- personal 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; and ensure that the functionalities for providing information and offering of the opportunity to give consent are as user- friendly as possible;
Amendment 165 #
Proposal for a regulation
Article 6 – paragraph 1 – point j a (new)
Article 6 – paragraph 1 – point j a (new)
(j a) allow end users and business users to have information presented to them in chronological order only and, alternatively, where technically possible, to use third-party recommender systems, such third-party recommender systems shall have access to the same information that is available to the recommender systems used by the gatekeeper; such third parties shall process this information only to provide recommendations to the recipient;
Amendment 170 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. A gatekeeper shall implement and impose effective measures with its business partners to make sure that obligations provided for in this Article are effective also in the event that the final product is provided to consumers and business users by a third party and that such product includes a platform service operated by the gatekeeper;
Amendment 171 #
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 mayshall by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision within six months from the opening of proceedings pursuant to Article 18.
Amendment 172 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. For the purposes of specifying the obligations under Article 6(1) points (j) and (k), the Commission shall also assess whether the intended or implemented measures ensure that there is no remaining imbalance of rights and obligations on business users and end users and that the measures do not themselves confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users.
Amendment 173 #
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6 a. For the purposes of specifying the obligations under Article 6(1) points (f) and (h.a), the Commission shall, in cooperation with the gatekeeper, business users and end user representatives define the open technologies, open standards and open protocols, including the technical interface (Application Programming Interface), that allow end users of competing software and services and business users to dock on to the gate keepers core service and to interoperate with it. Interoperation between end users shall require their informed consent where personal data is processed. Providers of online platforms shall not process information and personal data obtained for the purpose of interoperating for other purposes; interoperability obligations shall not limit, hinder or delay the ability of intermediaries to address vulnerabilities in order to comply with an obligation under Directive (EU) 2016/114842a or Regulation (EU) 2016/679. _________________ 42aDirective (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1–30)
Amendment 178 #
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 or end users and the gatekeeper is obtaining an advantage from business users or end users that is disproportionate to the service provided by the gatekeeper to business users or end users ; or
Amendment 180 #
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 gatekeeper or any part of the undertaking to which the gatekeeper belongs, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature, including through product design or by presenting end user choices in a non- neutral manner, or by otherwise subverting or impairing user autonomy, decision-making, or choice via the structure, function or manner of operation of a user interface or a part thereof.
Amendment 182 #
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 obtainrequest 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 providingprovide 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 184 #
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 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. The Commission shall develop, after consulting the European Data Protection Supervisor, the European Data Protection Board, civil society and experts, the standards and process of the audit. The Commission shall share the audited description, as well as any relevant materials that are collected in the context of supervising the gatekeepers that relate to the processing of personal data, with any competent supervisory authority upon its request.
Amendment 189 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1 a. Where processing of personal data is concerned, the Commission shall consult the competent data protection authorities in the context of its investigation before adopting a decision pursuant to Articles 15, 16 and 17.
Amendment 190 #
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 193 #
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) be accompanied by a proposal for a delegated act amending Articles 5 or 6 as provided for in Article 10.
Amendment 197 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Commission may take the necessary actions toshall 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 198 #
Proposal for a regulation
Article 25 – paragraph 5 a (new)
Article 25 – paragraph 5 a (new)
5 a. The Commission shall close its investigation by adopting a decision within 36 months from the opening of the investigation pursuant to Article 18.
Amendment 203 #
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1 a. Where the Commission considers it necessary, it may also hear other natural or legal persons before taking the decisions as provided for in paragraph 1. Applications to be heard on the part of such persons shall, where they show a sufficient interest, be granted. The national competent authorities designated under Article 21(a) may also ask the Commission to hear other natural or legal persons with sufficient interest.
Amendment 213 #
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2 a. Third parties representing business users or end users shall be entitled to lodge complaints, with regard to the non-designation of gatekeepers, non-compliance and systematic non- compliance by gatekeepers with their obligations in accordance with Article 3, 5 and 6, and request the opening of a market investigation; They shall submit evidence in support of their request; The Commission shall inform the third parties of its decision within three months.
Amendment 214 #
Proposal for a regulation
Article 33 – paragraph 2 b (new)
Article 33 – paragraph 2 b (new)
2 b. Amendment to Directive (EU) 2020/1828 The following point is added to the Annex I of Directive (EU) 2020/182843a: ‘(67) Regulation (EU) 20XX/XXXX of the European Parliament and of the Council on contestable and fair markets in the digital sectors” _________________ 43aDirective (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (OJ L 409, 4.12.2020, p. 1–27)
Amendment 215 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The Commission shall publish the decisions which it takes pursuant to Articles 3, 7, 8, 9, 15, 16, 17, 18, 22, 23(1), 25, 26, 27, 33 and 2733a. Such publication shall state the names of the parties and the main content of the decision, including any penalties imposed.
Amendment 216 #
Proposal for a regulation
Article 36 – paragraph 1 a (new)
Article 36 – paragraph 1 a (new)
1 a. The Commission’s Annual Report on Competition Policy shall include a chapter on the implementation of this Regulation.