BETA

Activities of Marco CAMPOMENOSI related to 2020/0374(COD)

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)
2021/09/29
Committee: TRAN
Dossiers: 2020/0374(COD)
Documents: PDF(264 KB) DOC(160 KB)
Authors: [{'name': 'Markus FERBER', 'mepid': 1917}]

Amendments (36)

Amendment 86 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
(14) ‘Ancillary service’ means services provided in the context of or together with core platform services, including payment services as defined in point 3 of Article 4 and technical services which support the provision of payment services as defined in Article 3(j) of Directive (EU) 2015/2366, fulfilment, delivery of parcels as defined in Article 1(paragraph 2) of Regulation (EU) 2018/644, identification or advertising services;
2021/06/02
Committee: TRAN
Amendment 105 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
In respect of each of its core platform services identified pursuant to Article 3(7and ancillary services as identified, respectively, in Article 3(7) and in Article 2 (paragraph 1, point 14), a gatekeeper shall:
2021/06/02
Committee: TRAN
Amendment 111 #
Proposal for a regulation
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 operated by the gatekeeper, as well as by any third party belonging to the same undertaking, in the context of services offered by the business users using the core platform services of that gatekeeper;
2021/06/02
Committee: TRAN
Amendment 116 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
(g a) refrain from using, in competition with business users and with ancillary services providers, any data not publicly available, which is generated through activities by those business users, including by the end users of these business 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;
2021/06/02
Committee: TRAN
Amendment 119 #
Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
(g b) refrain from treating more favourably including 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;
2021/06/02
Committee: TRAN
Amendment 120 #
Proposal for a regulation
Article 5 – paragraph 1 – point g c (new)
(g c) allow business 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 services;
2021/06/02
Committee: TRAN
Amendment 124 #
Proposal for a regulation
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, 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;deleted
2021/06/02
Committee: TRAN
Amendment 127 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) refrain from 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;deleted
2021/06/02
Committee: TRAN
Amendment 132 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
(f) allow business 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 services;deleted
2021/06/02
Committee: TRAN
Amendment 189 #
Proposal for a regulation
Recital 26
(26) A particular subset of rules should apply to those providers of core platform services that are foreseen to enjoy an entrenched and durable position in the near future. The same specific features of core platform services make them prone to tipping: once a service provider has obtained a certain advantage over rivals or potential challengers in terms of scale or intermediation power, its position may become unassailable and the situation may evolve to the point that it is likely to become durable and entrenched in the near future. Undertakings can try to induce this tipping and emerge as gatekeeper by using some of the unfair conditions and practices regulated in this Regulation. In such a situation, it appears appropriate to intervene before the market tips irreversibly.deleted
2021/07/09
Committee: IMCO
Amendment 191 #
Proposal for a regulation
Recital 27
(27) However, such an early intervention should be limited to imposing only those obligations that are necessary and appropriate to ensure that the services in question remain contestable and allow to avoid the qualified risk of unfair conditions and practices. Obligations that prevent the provider of core platform services concerned from achieving an entrenched and durable position in its operations, such as those preventing unfair leveraging, and those that facilitate switching and multi-homing are more directly geared towards this purpose. To ensure proportionality, the Commission should moreover apply from that subset of obligations only those that are necessary and proportionate to achieve the objectives of this Regulation and should regularly review whether such obligations should be maintained, suppressed or adapted.deleted
2021/07/09
Committee: IMCO
Amendment 192 #
Proposal for a regulation
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 and contestability of the services concerned.deleted
2021/07/09
Committee: IMCO
Amendment 327 #
Proposal for a regulation
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 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.
2021/07/09
Committee: IMCO
Amendment 335 #
Proposal for a regulation
Recital 63
(63) Following a market investigation, an undertaking providing a core platform service could be found to fulfil all of the overarching qualitative criteria for being identified as a gatekeeper. It should then, in principle, comply with all of the relevant obligations laid down by this Regulation. However, for gatekeepers that have been designated by the Commission as likely to enjoy an entrenched and durable position in the near future, the Commission should only impose those obligations that are necessary and appropriate to prevent that the gatekeeper concerned achieves an entrenched and durable position in its operations. With respect to such emerging gatekeepers, the Commission should take into account that this status is in principle of a temporary nature, and it should therefore be decided at a given moment whether such a provider of core platform services should be subjected to the full set of gatekeeper obligations because it has acquired an entrenched and durable position, or conditions for designation are ultimately not met and therefore all previously imposed obligations should be waived.
2021/07/09
Committee: IMCO
Amendment 357 #
Proposal for a regulation
Recital 71
(71) The Commission should also be empowered to undertake onsite inspections and to interview any persons who may be in possession of useful information and to record the statements made.deleted
2021/07/09
Committee: IMCO
Amendment 407 #
Proposal for a regulation
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 ; Directive (EU) 2019/882. _________________ 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.
2021/07/09
Committee: IMCO
Amendment 468 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
(14) ‘Ancillary service’ means services provided in the context of or together with core platform services, including payment services as defined in point 3 of Article 4 and technical services which support the provision of payment services as defined in Article 3(j) of Directive (EU) 2015/2366, fulfilment, parcel delivery services as defined in Article 2 (2) of Regulation (EU) No 2018/644, freight, identification or advertising services;
2021/07/09
Committee: IMCO
Amendment 488 #
Proposal for a regulation
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;
2021/07/09
Committee: IMCO
Amendment 498 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
(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.
2021/07/09
Committee: IMCO
Amendment 516 #
Proposal for a regulation
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 part of the last financial year;
2021/07/09
Committee: IMCO
Amendment 562 #
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
2021/07/09
Committee: IMCO
Amendment 565 #
Proposal for a regulation
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 and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper based on facts available.deleted
2021/07/09
Committee: IMCO
Amendment 595 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
In respect of each of its core platform services and ancillary services identified pursuant to Article 3(7) and Article 2 (1) (14) respectively, a gatekeeper shall:
2021/07/09
Committee: IMCO
Amendment 643 #
Proposal for a regulation
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 services of the gatekeeper itself or by any third party belonging to the same undertaking, in the context of services offered by the business users using the core platform services of that gatekeeper;
2021/07/09
Committee: IMCO
Amendment 676 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
(g) provide advertisers and publishers to which it supplies advertising services, upon their request, withregularly publishes 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.
2021/07/09
Committee: IMCO
Amendment 713 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) refrain from using, in competition with business userdirectly or by any third party belonging to the same undertaking, in competition with business users and providers of ancillary services, any data not publicly available, which is generated through activities by those business users, including by the end users of these business 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;
2021/07/09
Committee: IMCO
Amendment 732 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) allow the installation 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 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, without prejudice to the freedom of consumers, duly informed, to choose the software application or software application stores they prefer;
2021/07/09
Committee: IMCO
Amendment 750 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) refrain from treating more favourably in ranking services, both basic and ancillary, 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;
2021/07/09
Committee: IMCO
Amendment 826 #
Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
(k a) ensure their services, including user interfaces, are accessible to persons with disabilities in accordance with Article 13 of Directive (EU) 2019/882;
2021/07/09
Committee: IMCO
Amendment 908 #
Proposal for a regulation
Article 9 – paragraph 2 – point a
(a) public morality;deleted
2021/07/09
Committee: IMCO
Amendment 935 #
Proposal for a regulation
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 and ancillary platform services designated pursuant to Article 3, and to Article 2 (1) (14) their implementation shall not be undermined by any behaviour of the undertaking to which the gatekeeper belogatekeeper or any third party belonging to the same undertakings, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature.
2021/07/09
Committee: IMCO
Amendment 995 #
Proposal for a regulation
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 only obligations laid down in Article 5(b) and Article 6(1) points (e), (f), (h) and (i) 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.deleted
2021/07/09
Committee: IMCO
Amendment 1059 #
Proposal for a regulation
Article 21
Powers to conduct on-site inspections 1. The Commission may conduct on-site inspections at the premises of an undertaking or association of undertakings. 2. On-site inspections may also be carried out with the assistance of auditors or experts appointed by the Commission pursuant to Article 24(2). 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 and auditors or experts appointed by it may address questions to key personnel. 4. Undertakings or associations of undertakings are required to submit to an on-site inspection ordered by decision of the Commission. The decision shall specify the subject matter and purpose of the visit, set the date on which it is to begin and indicate the penalties provided for in Articles 26 and 27 and the right to have the decision reviewed by the Court of Justice.Article 21 deleted
2021/07/09
Committee: IMCO
Amendment 1103 #
Proposal for a regulation
Article 26 – paragraph 2 – point f
(f) fail to rectify within a time-limit set by the Commission, incorrect, incomplete or misleading information given by a member of staff, or fail or refuse to provide complete information on facts relating to the subject-matter and purpose of an inspection pursuant to Article 21;deleted
2021/07/09
Committee: IMCO
Amendment 1104 #
Proposal for a regulation
Article 26 – paragraph 2 – point g
(g) refuse to submit to an on-site inspection pursuant to Article 21.deleted
2021/07/09
Committee: IMCO
Amendment 1110 #
Proposal for a regulation
Article 27 – paragraph 1 – point d
(d) to submit to an on-site inspection which was ordered by a decision taken pursuant to Article 21;deleted
2021/07/09
Committee: IMCO