See question(s) : P-004324/2021
EN
P-004324/2021
Answer given by Mr Breton on behalf of the European Commission (8.11.2021)
The Impact Assessment1 accompanying the proposal for a Digital Markets Act2 in points 139 to 149 specifies the quantitative parameters used and provides an analysis of selected, as well as non-selected, proxies identifying gatekeeper companies and their core platform services.
The analysis concerning the scope of the Digital Markets Act has been undertaken based on both public and commercial available data, which provide the best available estimates. On that basis, the Impact Assessment also contains analysis of modifications of the quantitative thresholds and their combinations, which shows possible impacts of such modifications and combinations, as well as the number of gatekeepers possibly caught by the different combinations of parameters.
Having said that, meeting the quantitative thresholds does not automatically make a company a gatekeeper. The exact list of gatekeeper companies will be determined following case-by- case designations by the regulator. Such designations will follow a thorough scrutiny of the data that the relevant providers of core platform services are obliged to submit, as well as of any substantiated arguments to demonstrate that it is not in a gatekeeping position.
Providing any list of the possible gatekeeper companies would be speculative and could undermine the right of effective legal redress for any undertakings identified. It is also impossible to foresee the situation as it will exist at the time the Digital Markets Act starts to apply.
1 SWD(2020) 363 final.
2 COM(2020) 842 final.