European Parliament 2019-2024

Committee on Legal Affairs

2020/0374(COD)

30.6.2021

AMENDMENTS 77 - 160

Draft opinion Tiemo Wölken (PE693.727v01-00)

Proposal for a Regulation of the European Parliament and of the Council on contestable and fair markets in the digital sector (Digital Markets Act)

Proposal for a regulation (COM(2020)0842 – C9-0419/2020 – 2020/0374(COD))

AM\1235316EN.docx PE695.090v01-00

EN United in diversityEN AM_Com_LegOpinion

PE695.090v01-00 2/76 AM\1235316EN.docx EN Amendment 77 Daniel Buda

Proposal for a regulation Recital 1

Text proposed by the Commission Amendment

(1) Digital services in general and (1) Digital services in general and online platforms in particular play an online platforms in particular play an increasingly important role in the increasingly important role in the economy, in particular in the internal economy, in particular in the internal market, by providing new business market, by providing new business opportunities in the Union and facilitating opportunities in the Union and facilitating cross-border trading. cross-border trading as well as innovation development opportunities.

Or. ro

Amendment 78 Daniel Buda

Proposal for a regulation Recital 2

Text proposed by the Commission Amendment

(2) Core platform services, at the same (2) Core platform services, at the same time, feature a number of characteristics time, feature a number of characteristics that can be exploited by their providers. that can be exploited by their providers. These characteristics of core platform These characteristics of core platform services include among others extreme services include among others extreme scale economies, which often result from scale economies, which often result from nearly zero marginal costs to add business nearly zero marginal costs to add business users or end users. Other characteristics of users or end users. Other characteristics of core platform services are very strong core platform services are very strong network effects, an ability to connect many network effects, an ability to connect many business users with many end users business users with many end users through the multi-sidedness of these through the multi-sidedness of these services, a significant degree of services, a significant degree of dependence of both business users and end dependence of both business users and end users, lock-in effects, a lack of multi- users, lock-in effects, the discouraging homing for the same purpose by end users, and lack of multi-homing for the same vertical integration, and data driven- purpose by end users, vertical integration, advantages. All these characteristics and data driven-advantages. All these combined with unfair conduct by providers characteristics combined with unfair of these services can have the effect of conduct by providers of these services can

AM\1235316EN.docx 3/76 PE695.090v01-00 EN substantially undermining the have the effect of substantially contestability of the core platform services, undermining the contestability of the core as well as impacting the fairness of the platform services, and discouraging commercial relationship between providers investment in innovation for potential new of such services and their business users operators on the market, as well as and end users, leading to rapid and impacting the fairness of the commercial potentially far-reaching decreases in relationship between providers of such business users’ and end users’ choice in services and their business users and end practice, and therefore can confer to the users, leading to rapid and potentially far- provider of those services the position of a reaching decreases in business users’ and so-called gatekeeper. end users’ choice in practice, and therefore can confer to the provider of those services the position of a so-called gatekeeper.

Or. ro

Amendment 79 Andrzej Halicki, Axel Voss, Adam Jarubas

Proposal for a regulation Recital 2

Text proposed by the Commission Amendment

(2) Core platform services, at the same (2) Core platform services, at the same time, feature a number of characteristics time, feature a number of characteristics that can be exploited by their providers. that can be exploited by their providers. These characteristics of core platform These characteristics of core platform services include among others extreme services include among others extreme scale economies, which often result from scale economies, which often result from nearly zero marginal costs to add business nearly zero marginal costs to add business users or end users. Other characteristics of users or end users. Other characteristics of core platform services are very strong core platform services are very strong network effects, an ability to connect many network effects, an ability to connect many business users with many end users business users with many end users through the multi-sidedness of these through the multi-sidedness of these services, a significant degree of services, a significant degree of dependence of both business users and end dependence of both business users and end users, lock-in effects, a lack of multi- users, lock-in effects, a lack of multi- homing for the same purpose by end users, homing for the same purpose by end users, vertical integration, and data driven- vertical integration, and data driven- advantages. All these characteristics advantages. All these characteristics combined with unfair conduct by providers combined with unfair conduct by providers of these services can have the effect of of these services can have the effect of substantially undermining the substantially undermining the contestability of the core platform services, contestability of the core platform services, as well as impacting the fairness of the as well as impacting the fairness of the

PE695.090v01-00 4/76 AM\1235316EN.docx EN commercial relationship between providers commercial relationship between providers of such services and their business users of such services and their business users and end users, leading to rapid and and end users, leading to rapid and potentially far-reaching decreases in potentially far-reaching decreases in business users’ and end users’ choice in business users’ and end users’ choice in practice, and therefore can confer to the practice, and therefore can confer to the provider of those services the position of a provider of those services the position of a so-called gatekeeper. so-called gatekeeper, depending on their size.

Or. en

Amendment 80 Andrzej Halicki, Axel Voss, Adam Jarubas

Proposal for a regulation Recital 5

Text proposed by the Commission Amendment

(5) It follows that the market processes (5) It follows that the market processes are often incapable of ensuring fair and ex-post competition law are often economic outcomes with regard to core incapable of ensuring fair economic platform services. Whereas Articles 101 outcomes with regard to core platform and 102 TFEU remain applicable to the services. Whereas Articles 101 and 102 conduct of gatekeepers, their scope is TFEU remain applicable to the conduct of limited to certain instances of market gatekeepers, their scope is limited to power (e.g. dominance on specific certain instances of market power (e.g. markets) and of anti-competitive dominance on specific markets) and of behaviour, while enforcement occurs ex anti-competitive behaviour, while post and requires an extensive investigation enforcement occurs ex post and requires an of often very complex facts on a case by extensive investigation of often very case basis. Moreover, existing Union law complex facts on a case by case basis. does not address, or does not address Moreover, existing Union law does not effectively, the identified challenges to the address, or does not address effectively, the well-functioning of the internal market identified challenges to the well- posed by the conduct of gatekeepers, which functioning of the internal market posed by are not necessarily dominant in the conduct of gatekeepers, which are not competition-law terms. necessarily dominant in competition-law terms.

Or. en

Amendment 81 Daniel Buda

AM\1235316EN.docx 5/76 PE695.090v01-00 EN Proposal for a regulation Recital 6

Text proposed by the Commission Amendment

(6) Gatekeepers have a significant (6) Gatekeepers have a significant impact on the internal market, providing impact on the internal market, providing gateways for a large number of business gateways for a large number of business users, to reach end users, everywhere in the users, to reach end users, everywhere in the Union and on different markets. The Union and on different markets. The adverse impact of unfair practices on the adverse impact of unfair practices on the internal market and particularly weak internal market and particularly weak contestability of core platform services, contestability of core platform services, including their negative societal and including their negative societal and economic implications, have led national economic implications, have led national legislators and sectoral regulators to act. A legislators and sectoral regulators to act. A number of national regulatory solutions number of national regulatory solutions have already been adopted or proposed to have already been adopted or proposed, or address unfair practices and the are in the process of being adopted, to contestability of digital services or at least address unfair practices and the with regard to some of them. This has contestability of digital services or at least created a risk of divergent regulatory with regard to some of them. This has solutions and thereby fragmentation of the created a risk of divergent regulatory internal market, thus raising the risk of solutions and thereby fragmentation of the increased compliance costs due to different internal market, leading to reduced legal sets of national regulatory requirements. certainty on the internal market, and thus raising the risk of increased compliance costs due to different sets of national regulatory requirements.

Or. ro

Amendment 82 Andrzej Halicki, Axel Voss, Adam Jarubas

Proposal for a regulation Recital 6

Text proposed by the Commission Amendment

(6) Gatekeepers have a significant (6) Gatekeepers have a significant impact on the internal market, providing impact on the internal market, providing gateways for a large number of business gateways for a very large number of users, to reach end users, everywhere in the business users, to reach end users, Union and on different markets. The everywhere in the Union and on different adverse impact of unfair practices on the markets. The adverse impact of unfair

PE695.090v01-00 6/76 AM\1235316EN.docx EN internal market and particularly weak practices on the internal market and contestability of core platform services, particularly weak contestability of core including their negative societal and platform services, including their negative economic implications, have led national societal and economic implications, have legislators and sectoral regulators to act. A led national legislators and sectoral number of national regulatory solutions regulators to act. A number of national have already been adopted or proposed to regulatory solutions have already been address unfair practices and the adopted or proposed to address unfair contestability of digital services or at least practices and the contestability of digital with regard to some of them. This has services or at least with regard to some of created a risk of divergent regulatory them. This has created a risk of divergent solutions and thereby fragmentation of the regulatory solutions and thereby internal market, thus raising the risk of fragmentation and reduced certainty for increased compliance costs due to different users and businesses of the internal sets of national regulatory requirements. market, thus raising the risk of increased compliance costs due to different sets of national regulatory requirements.

Or. en

Amendment 83 Daniel Buda

Proposal for a regulation Recital 7

Text proposed by the Commission Amendment

(7) Therefore, business users and end- (7) Therefore, business users and end- users of core platform services provided by users of core platform services provided by gatekeepers should be afforded appropriate gatekeepers should be afforded regulatory safeguards throughout the harmonised and appropriate regulatory Union against the unfair behaviour of safeguards throughout the Union against gatekeepers in order to facilitate cross- the unfair behaviour of gatekeepers in border business within the Union and order to facilitate cross-border business thereby improve the proper functioning of within the Union and thereby improve the the internal market and to address existing proper functioning of the internal market or likely emerging fragmentation in the and legal certainty, and to address existing specific areas covered by this Regulation. or likely emerging fragmentation in the Moreover, while gatekeepers tend to adopt specific areas covered by this Regulation. global or at least pan-European business Moreover, while gatekeepers tend to adopt models and algorithmic structures, they can global or at least pan-European business adopt, and in some cases have adopted, models and algorithmic structures, they can different business conditions and practices adopt, and in some cases have adopted, in different Member States, which is liable different business conditions and practices to create disparities between the in different Member States, which is liable competitive conditions for the users of core to create disparities between the

AM\1235316EN.docx 7/76 PE695.090v01-00 EN platform services provided by gatekeepers, competitive conditions for the users of core to the detriment of integration within the platform services provided by gatekeepers, internal market. to the detriment of integration within the internal market.

Or. ro

Amendment 84 Daniel Buda

Proposal for a regulation Recital 8

Text proposed by the Commission Amendment

(8) By approximating diverging (8) By approximating diverging national laws, obstacles to the freedom to national laws, obstacles to the freedom to provide and receive services, including provide and receive services, including retail services, within the internal market retail services, within the internal market should be eliminated. A targeted set of should be eliminated. A targeted set of harmonised mandatory rules should harmonised, effective, mandatory rules therefore be established at Union level to befitting the digital age should therefore ensure contestable and fair digital markets be established at Union level to ensure featuring the presence of gatekeepers contestable and fair digital markets within the internal market. featuring the presence of gatekeepers within the internal market.

Or. ro

Amendment 85 Emmanuel Maurel

Proposal for a regulation Recital 9

Text proposed by the Commission Amendment

(9) A fragmentation of the internal (9) This Regulation should not market can only be effectively averted if prevent the application by Member States Member States are prevented from of national rules whose purpose is to applying national rules which are specific support legitimate public interests, in to the types of undertakings and services accordance with Union law. Such covered by this Regulation. At the same national rules may lay down obligations time, since this Regulation aims at on undertakings which are identical or complementing the enforcement of similar to, stricter than or different from

PE695.090v01-00 8/76 AM\1235316EN.docx EN competition law, it should be specified that those laid down in this Regulation. this Regulation is without prejudice to Those legitimate public interests include Articles 101 and 102 TFEU, to the consumer protection, respect for the corresponding national competition rules ‘cultural exception’, the fight against and to other national competition rules unfair competition and the protection and regarding unilateral behaviour that are fostering of media freedom and pluralism based on an individualised assessment of of media and opinion, as well as market positions and behaviour, including multilingualism and defence of its likely effects and the precise scope of intellectual property. the prohibited behaviour, and which provide for the possibility of undertakings In particular, the right of Member States to make efficiency and objective to impose on undertakings deemed to be justification arguments for the behaviour in ‘gatekeepers’ within the meaning of this question. However, the application of the Regulation, as well as on other latter rules should not affect the undertakings, obligations which serve to obligations imposed on gatekeepers under enforce legitimate public interests this Regulation and their uniform and remains unaffected, and since this effective application in the internal Regulation aims at complementing the market. enforcement of competition law, it should be specified that this Regulation is without prejudice to Articles 101 and 102 TFEU, to the corresponding provisions at national level as well as to other provisions at national level 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.

Or. fr

Amendment 86 Patrick Breyer

Proposal for a regulation Recital 11

Text proposed by the Commission Amendment

(11) This Regulation should also (11) This Regulation should also complement, without prejudice to their complement, without prejudice to their application, the rules resulting from other application, the rules resulting from other acts of Union law regulating certain acts of Union law regulating certain

AM\1235316EN.docx 9/76 PE695.090v01-00 EN aspects of the provision of services covered aspects of the provision of services covered by this Regulation, in particular Regulation by this Regulation, in particular Regulation (EU) 2019/1150 of the European (EU) 2019/1150 of the European Parliament and of the Council26 , Parliament and of the Council26 , Regulation (EU) xx/xx/EU [DSA] of the Regulation (EU) xx/xx/EU [DSA] of the European Parliament and of the Council27 , European Parliament and of the Council27 , Regulation (EU) 2016/679 of the European Regulation (EU) 2016/679 of the European Parliament and of the Council28 , Directive Parliament and of the Council28 , Directive (EU) 2019/790 of the European Parliament 2002/58/EC28a, Directive (EU) 2019/790 of and of the Council29 , Directive (EU) the European Parliament and of the 2015/2366 of the European Parliament and Council29 , Directive (EU) 2015/2366 of of the Council30 , and Directive (EU) the European Parliament and of the 2010/13 of the European Parliament and of Council30 , and Directive (EU) 2010/13 of the Council31 , as well as national rules the European Parliament and of the aimed at enforcing or, as the case may be, Council31 , as well as national rules aimed implementing that Union legislation. at enforcing or, as the case may be, implementing that Union legislation. ______26 Regulation (EU) 2019/1150 of the 26 Regulation (EU) 2019/1150 of the European Parliament and of the Council of European Parliament and of the Council of 20 June 2019 on promoting fairness and 20 June 2019 on promoting fairness and transparency for business users of online transparency for business users of online intermediation services (OJ L 186, intermediation services (OJ L 186, 11.7.2019, p. 57). 11.7.2019, p. 57). 27 Regulation (EU) …/.. of the European 27 Regulation (EU) …/.. of the European Parliament and of the Council – proposal Parliament and of the Council – proposal on a Single Market For Digital Services on a Single Market For Digital Services (Digital Services Act) and amending (Digital Services Act) and amending Directive 2000/31/EC. Directive 2000/31/EC. 28 Regulation (EU) 2016/679 of the 28 Regulation (EU) 2016/679 of the European Parliament and of the Council of European Parliament and of the Council of 27 April 2016 on the protection of natural 27 April 2016 on the protection of natural persons with regard to the processing of persons with regard to the processing of personal data and on the free movement of personal data and on the free movement of such data, and repealing Directive such data, and repealing Directive 95/46/EC (General Data Protection 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). Regulation) (OJ L 119, 4.5.2016, p. 1). 28a Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications). 29 Directive (EU) 2019/790 of the 29 Directive (EU) 2019/790 of the European Parliament and of the Council of European Parliament and of the Council of

PE695.090v01-00 10/76 AM\1235316EN.docx EN 17 April 2019 on copyright and related 17 April 2019 on copyright and related rights in the Digital Single Market and rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/ amending Directives 96/9/EC and 2001/29/ (OJ L 130, 17.5.2019, p. 92.). (OJ L 130, 17.5.2019, p. 92.). 30 Directive (EU) 2015/2366 of the 30 Directive (EU) 2015/2366 of the European Parliament and of the Council of European Parliament and of the Council of 25 November 2015 on payment services in 25 November 2015 on payment services in the internal market, amending Directives the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 1093/2010, and repealing Directive 2007/64/EC ( OJ L 337, 23.12.2015, p. 35). 2007/64/EC ( OJ L 337, 23.12.2015, p. 35). 31 Directive 2010/13/EU of the European 31 Directive 2010/13/EU of the European Parliament and of the Council of 10 March Parliament and of the Council of 10 March 2010 on the coordination of certain 2010 on the coordination of certain provisions laid down by law, regulation or provisions laid down by law, regulation or administrative action in Member States administrative action in Member States concerning the provision of audiovisual concerning the provision of audiovisual media services (Audiovisual Media media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. Services Directive) (OJ L 95, 15.4.2010, p. 1). 1).

Or. en

Amendment 87 Emmanuel Maurel

Proposal for a regulation Recital 11

Text proposed by the Commission Amendment

(11) This Regulation should also (11) This Regulation should also complement, without prejudice to their complement, without prejudice to their application, the rules resulting from other application, the rules resulting from other acts of Union law regulating certain acts of Union law regulating certain aspects of the provision of services covered aspects of the provision of services covered by this Regulation, in particular Regulation by this Regulation, in particular Regulation (EU) 2019/1150 of the European (EU) 2019/1150 of the European Parliament and of the Council26, Parliament and of the Council26, Regulation (EU)xx/xx/EU [DSA] of the Regulation (EU) xx/xx/EU [DSA] of the European Parliament and of the Council27, European Parliament and of the Council27, Regulation (EU) 2016/679 of the European Regulation (EU) 2016/679 of the European Parliament and of the Council28, Directive Parliament and of the Council28, Directive (EU) 2019/790 of the European Parliament (EU) 2019/790 of the European Parliament and of the Council29, Directive (EU) and of the Council29, Directive (EU)

AM\1235316EN.docx 11/76 PE695.090v01-00 EN 2015/2366 of the European Parliament and 2015/2366 of the European Parliament and of the Council30, and Directive (EU) of the Council30, and Directive (EU) 2010/13 of the European Parliament and of 2010/13 of the European Parliament and of the Council31, as well as national rules the Council31, as well as national rules aimed at enforcing or, as the case may be, adopted in accordance with Union implementing that Union legislation. legislation. ______26 Regulation (EU) 2019/1150 of the 26 Regulation (EU) 2019/1150 of the European Parliament and of the Council of European Parliament and of the Council of 20 June 2019 on promoting fairness and 20 June 2019 on promoting fairness and transparency for business users of online transparency for business users of online intermediation services (OJ L 186, intermediation services (OJ L 186, 11.7.2019, p. 57). 11.7.2019, p. 57). 27 Regulation (EU) …/.. of the European 27 Regulation (EU) …/.. of the European Parliament and of the Council – proposal Parliament and of the Council – proposal on a Single Market For Digital Services on a Single Market For Digital Services (Digital Services Act) and amending (Digital Services Act) and amending Directive 2000/31/EC. Directive 2000/31/EC. 28 Regulation (EU) 2016/679 of the 28 Regulation (EU) 2016/679 of the European Parliament and of the Council of European Parliament and of the Council of 27 April 2016 on the protection of natural 27 April 2016 on the protection of natural persons with regard to the processing of persons with regard to the processing of personal data and on the free movement of personal data and on the free movement of such data, and repealing Directive such data, and repealing Directive 95/46/EC (General Data Protection 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). Regulation) (OJ L 119, 4.5.2016, p. 1). 29 Directive (EU) 2019/790 of the 29 Directive (EU) 2019/790 of the European Parliament and of the Council of European Parliament and of the Council of 17 April 2019 on copyright and related 17 April 2019 on copyright and related rights in the Digital Single Market and rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/ amending Directives 96/9/EC and 2001/29/ (OJ L 130, 17.5.2019, p. 92.). (OJ L 130, 17.5.2019, p. 92.). 30 Directive (EU) 2015/2366 of the 30 Directive (EU) 2015/2366 of the European Parliament and of the Council of European Parliament and of the Council of 25 November 2015 on payment services in 25 November 2015 on payment services in the internal market, amending Directives the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 1093/2010, and repealing Directive 2007/64/EC ( OJ L 337, 23.12.2015, p. 35). 2007/64/EC ( OJ L 337, 23.12.2015, p. 35). 31 Directive 2010/13/EU of the European 31 Directive 2010/13/EU of the European Parliament and of the Council of 10 March Parliament and of the Council of 10 March 2010 on the coordination of certain 2010 on the coordination of certain provisions laid down by law, regulation or provisions laid down by law, regulation or administrative action in Member States administrative action in Member States concerning the provision of audiovisual concerning the provision of audiovisual

PE695.090v01-00 12/76 AM\1235316EN.docx EN media services (Audiovisual Media media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. Services Directive) (OJ L 95, 15.4.2010, p. 1). 1).

Or. fr

Amendment 88 Andrzej Halicki, Axel Voss, Adam Jarubas, Geoffroy Didier

Proposal for a regulation Recital 12

Text proposed by the Commission Amendment

(12) Weak contestability and unfair (12) Weak contestability and unfair practices in the digital sector are more practices in the digital sector are more frequent and pronounced for certain digital frequent and pronounced for certain digital services than for others. This is the case in services than for others. This is the case in particular for widespread and commonly particular for widespread and commonly used digital services that mostly directly used digital services that mostly directly intermediate between business users and intermediate between business users and end users and where features such as end users and where features such as extreme scale economies, very strong extreme scale economies, very strong network effects, an ability to connect many network effects, an ability to connect many business users with many end users business users with many end users through the multi-sidedness of these through the multi-sidedness of these services, lock-in effects, a lack of multi- services, lock-in effects, a lack of multi- homing or vertical integration are the most homing or vertical integration are the most prevalent. Often, there is only one or very prevalent. Often, there is only one or very few large providers of those digital few large providers of those digital services. These providers of core platform services. These providers of core platform services have emerged most frequently as services have emerged most frequently as gatekeepers for business users and end gatekeepers for business users and end users with far-reaching impacts, gaining users with far-reaching impacts, gaining the ability to easily set commercial the ability to easily set commercial conditions and terms in a unilateral and conditions and terms in a unilateral and detrimental manner for their business users detrimental manner for their business users and end users. Accordingly, it is necessary and end users. Accordingly, it is necessary to focus only on those digital services that to focus only on those digital services that are most broadly used by business users are most broadly used by business users and end users and where, based on current and end users and where, based on current market conditions, concerns about weak and prospective market conditions, contestability and unfair practices by concerns about weak contestability and gatekeepers are more apparent and pressing unfair practices by gatekeepers are more from an internal market perspective. apparent and pressing from an internal market perspective.

AM\1235316EN.docx 13/76 PE695.090v01-00 EN Or. en

Amendment 89 Patrick Breyer

Proposal for a regulation Recital 12

Text proposed by the Commission Amendment

(12) Weak contestability and unfair (12) Weak contestability and unfair practices in the digital sector are more practices in the digital sector are more frequent and pronounced for certain digital frequent and pronounced for certain digital services than for others. This is the case in services than for others. This is the case in particular for widespread and commonly particular for widespread and commonly used digital services that mostly directly used digital services that mostly directly intermediate between business users and intermediate between business users and end users and where features such as end users and where features such as extreme scale economies, very strong extreme scale economies, very strong network effects, an ability to connect many network effects, an ability to connect many business users with many end users business users with many end users through the multi-sidedness of these through the multi-sidedness of these services, lock-in effects, a lack of multi- services, lock-in effects, a lack of multi- homing or vertical integration are the most homing or vertical integration are the most prevalent. Often, there is only one or very prevalent. Often, there is only one or very few large providers of those digital few large providers of those digital services. These providers of core platform services. These providers of core platform services have emerged most frequently as services have emerged most frequently as gatekeepers for business users and end gatekeepers for business users and end users with far-reaching impacts, gaining users with far-reaching impacts, gaining the ability to easily set commercial the ability to easily set commercial conditions and terms in a unilateral and conditions and terms in a unilateral and detrimental manner for their business users detrimental manner for their business users and end users. Accordingly, it is necessary and end users. Accordingly, it is necessary to focus only on those digital services that to focus on all of those digital services that are most broadly used by business users are most broadly used by business users and end users and where, based on current and end users and where, based on current market conditions, concerns about weak market conditions, concerns about weak contestability and unfair practices by contestability and unfair practices by gatekeepers are more apparent and pressing gatekeepers are more apparent and pressing from an internal market perspective. from an internal market perspective.

Or. en

PE695.090v01-00 14/76 AM\1235316EN.docx EN Amendment 90 Tiemo Wölken

Proposal for a regulation Recital 13

Text proposed by the Commission Amendment

(13) In particular, online intermediation (13) In particular, online intermediation services, online search engines, operating services, online search engines, operating systems, online social networking, video systems, online social networking, video sharing platform services, number- sharing platform services, number- independent interpersonal communication independent interpersonal communication services, cloud computing services and services, cloud computing services, online online advertising services all have the advertising services, web browsers and capacity to affect a large number of end virtual assistants all have the capacity to users and businesses alike, which entails a affect a large number of end users and risk of unfair business practices. They businesses alike, which entails a risk of therefore should be included in the unfair business practices. They therefore definition of core platform services and fall should be included in the definition of core into the scope of this Regulation. Online platform services and fall into the scope of intermediation services may also be active this Regulation. The fact that weak in the field of financial services, and they contestability and unfair practices in the may intermediate or be used to provide digital sector are more frequent and such services as listed non-exhaustively in pronounced in certain digital services Annex II to Directive (EU) 2015/1535 of than in others does not imply that other the European Parliament and of the categories of services are exempt from it. Council32 . In certain circumstances, the The core platform services falling under notion of end users should encompass the scope of this Regulation should users that are traditionally considered therefore not be limited to certain types of business users, but in a given situation do services. Online intermediation services not use the core platform services to may also be active in the field of financial provide goods or services to other end services, and they may intermediate or be users, such as for example businesses used to provide such services as listed non- relying on cloud computing services for exhaustively in Annex II to Directive (EU) their own purposes. 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. ______32 Directive (EU) 2015/1535 of the 32 Directive (EU) 2015/1535 of the European Parliament and of the Council of European Parliament and of the Council of

AM\1235316EN.docx 15/76 PE695.090v01-00 EN 9 September 2015 laying down a procedure 9 September 2015 laying down a procedure for the provision of information in the field for the provision of information in the field of technical regulations and of rules on of technical regulations and of rules on Information Society services, OJ L 241, Information Society services, OJ L 241, 17.9.2015, p. 1. 17.9.2015, p. 1.

Or. en

Justification

Opening up the Digital Markets Act to more potential core platform services makes it future- proof and acknowledges the fast paced development of digital markets.

Amendment 91 Stéphane Séjourné, Adrián Vázquez Lázara

Proposal for a regulation Recital 13

Text proposed by the Commission Amendment

(13) In particular, online intermediation (13) In particular, online intermediation services, online search engines, operating services, online search engines, web systems, online social networking, video browsers, operating systems, online social sharing platform services, number- networking, video sharing platform independent interpersonal communication services, number-independent interpersonal services, cloud computing services and communication services, cloud computing online advertising services all have the services and online advertising services all capacity to affect a large number of end have the capacity to affect a large number users and businesses alike, which entails a of end users and businesses alike, which risk of unfair business practices. They entails a risk of unfair business practices. therefore should be included in the They therefore should be included in the definition of core platform services and fall definition of core platform services and fall into the scope of this Regulation. Online into the scope of this Regulation. Online intermediation services may also be active intermediation services should be covered in the field of financial services, and they irrespective of the technology used to may intermediate or be used to provide provide such services. In this regard, such services as listed non-exhaustively in virtual or voice activated assistants and Annex II to Directive (EU) 2015/1535 of other connected devices should fall within the European Parliament and of the the scope of this Regulation irrespective Council32 . In certain circumstances, the of the software used as an operating notion of end users should encompass system, an online intermediation service users that are traditionally considered or a search engine. Online intermediation business users, but in a given situation do services may also be active in the field of not use the core platform services to financial services, and they may provide goods or services to other end intermediate or be used to provide such users, such as for example businesses services as listed non-exhaustively in

PE695.090v01-00 16/76 AM\1235316EN.docx EN relying on cloud computing services for Annex II to Directive (EU) 2015/1535 of their own purposes. 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. ______32 Directive (EU) 2015/1535 of the 32 Directive (EU) 2015/1535 of the European Parliament and of the Council of European Parliament and of the Council of 9 September 2015 laying down a procedure 9 September 2015 laying down a procedure for the provision of information in the field for the provision of information in the field of technical regulations and of rules on of technical regulations and of rules on Information Society services, OJ L 241, Information Society services, OJ L 241, 17.9.2015, p. 1. 17.9.2015, p. 1.

Or. en

Amendment 92 Patrick Breyer

Proposal for a regulation Recital 13

Text proposed by the Commission Amendment

(13) In particular, online intermediation (13) In particular, online intermediation services, online search engines, operating services, online search engines, operating systems, online social networking, video systems, online social networking, video sharing platform services, number- sharing platform services, number- independent interpersonal communication independent interpersonal communication services, cloud computing services and services, cloud computing services, online advertising services all have the including business to business cloud, capacity to affect a large number of end online advertising services embedded users and businesses alike, which entails a digital services in vehicles, browsers, voice risk of unfair business practices. They assistant, connected TV and collaborative therefore should be included in the economy services, and online advertising definition of core platform services and fall services all have the capacity to affect a into the scope of this Regulation. Online large number of end users and businesses intermediation services may also be active alike, which entails a risk of unfair in the field of financial services, and they business practices. They therefore should may intermediate or be used to provide be included in the definition of core

AM\1235316EN.docx 17/76 PE695.090v01-00 EN such services as listed non-exhaustively in platform services and fall into the scope of Annex II to Directive (EU) 2015/1535 of this Regulation. Online intermediation the European Parliament and of the services may also be active in the field of Council32 . In certain circumstances, the financial services, and they may notion of end users should encompass intermediate or be used to provide such users that are traditionally considered services as listed non-exhaustively in business users, but in a given situation do Annex II to Directive (EU) 2015/1535 of not use the core platform services to the European Parliament and of the provide goods or services to other end Council32 . In certain circumstances, the users, such as for example businesses notion of end users should encompass relying on cloud computing services for users that are traditionally considered their own purposes. 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. ______32 Directive (EU) 2015/1535 of the 32 Directive (EU) 2015/1535 of the European Parliament and of the Council of European Parliament and of the Council of 9 September 2015 laying down a procedure 9 September 2015 laying down a procedure for the provision of information in the field for the provision of information in the field of technical regulations and of rules on of technical regulations and of rules on Information Society services, OJ L 241, Information Society services, OJ L 241, 17.9.2015, p. 1. 17.9.2015, p. 1.

Or. en

Amendment 93 Emmanuel Maurel

Proposal for a regulation Recital 13

Text proposed by the Commission Amendment

(13) In particular, online intermediation (13) In particular, online intermediation services, online search engines, operating services (such as application stores, systems, online social networking, video digital voice assistants and marketplaces), sharing platform services, number- online search engines, operating systems, independent interpersonal communication online social networking, internet services, cloud computing services and browsers, video sharing platform services, online advertising services all have the number-independent interpersonal capacity to affect a large number of end communication services, cloud computing users and businesses alike, which entails a services and online advertising services all risk of unfair business practices. They have the capacity to affect a large number

PE695.090v01-00 18/76 AM\1235316EN.docx EN therefore should be included in the of end users and businesses alike, which definition of core platform services and fall entails a risk of unfair business practices. into the scope of this Regulation. Online They therefore should be included in the intermediation services may also be active definition of core platform services and fall in the field of financial services, and they into the scope of this Regulation. Online may intermediate or be used to provide intermediation services may also be active such services as listed non-exhaustively in in the field of financial services, and they Annex II to Directive (EU) 2015/1535 of may intermediate or be used to provide the European Parliament and of the such services as listed non-exhaustively in Council32. In certain circumstances, the Annex II to Directive (EU) 2015/1535 of notion of end users should encompass the European Parliament and of the users that are traditionally considered Council32. In certain circumstances, the business users, but in a given situation do notion of end users should encompass not use the core platform services to users that are traditionally considered provide goods or services to other end business users, but in a given situation do users, such as for example businesses not use the core platform services to relying on cloud computing services for provide goods or services to other end their own purposes. users, such as for example businesses relying on cloud computing services for their own purposes. ______32 Directive (EU) 2015/1535 of the 32 Directive (EU) 2015/1535 of the European Parliament and of the Council of European Parliament and of the Council of 9 September 2015 laying down a procedure 9 September 2015 laying down a procedure for the provision of information in the field for the provision of information in the field of technical regulations and of rules on of technical regulations and of rules on Information Society services, OJ L 241, Information Society services, OJ L 241, 17.9.2015, p. 1. 17.9.2015, p. 1.

Or. fr

Amendment 94 Andrzej Halicki, Axel Voss

Proposal for a regulation Recital 13

Text proposed by the Commission Amendment

(13) In particular, online intermediation (13) In particular, online intermediation services, online search engines, operating services, online search engines, operating systems, online social networking, video systems, online social networking, video sharing platform services, number- sharing platform services, number- independent interpersonal communication independent interpersonal communication services, cloud computing services and services, cloud computing services, online online advertising services all have the advertising services and web browsers all

AM\1235316EN.docx 19/76 PE695.090v01-00 EN capacity to affect a large number of end have the capacity to affect a large number users and businesses alike, which entails a of end users and businesses alike, which risk of unfair business practices. They entails a risk of unfair business practices. therefore should be included in the Therefore any digital service which definition of core platform services and fall focuses on software application as the into the scope of this Regulation. Online intermediated product or service should be intermediation services may also be active included in the definition of core platform in the field of financial services, and they services and fall into the scope of this may intermediate or be used to provide Regulation. Online intermediation services such services as listed non-exhaustively in may also be active in the field of financial Annex II to Directive (EU) 2015/1535 of services, and they may intermediate or be the European Parliament and of the used to provide such services as listed non- Council32 . In certain circumstances, the exhaustively in Annex II to Directive (EU) notion of end users should encompass 2015/1535 of the European Parliament and users that are traditionally considered of the Council32. In certain circumstances, business users, but in a given situation do the notion of end users should encompass not use the core platform services to users that are traditionally considered provide goods or services to other end business users, but in a given situation do users, such as for example businesses not use the core platform services to relying on cloud computing services for provide goods or services to other end their own purposes. users, such as for example businesses relying on cloud computing services for their own purposes. ______32 Directive (EU) 2015/1535 of the 32 Directive (EU) 2015/1535 of the European Parliament and of the Council of European Parliament and of the Council of 9 September 2015 laying down a procedure 9 September 2015 laying down a procedure for the provision of information in the field for the provision of information in the field of technical regulations and of rules on of technical regulations and of rules on Information Society services, OJ L 241, Information Society services, OJ L 241, 17.9.2015, p. 1. 17.9.2015, p. 1.

Or. en

Amendment 95 Andrzej Halicki, Axel Voss, Geoffroy Didier

Proposal for a regulation Recital 14

Text proposed by the Commission Amendment

(14) A number of other ancillary (14) A number of other ancillary services, such as identification or payment services, such as identification or payment services and technical services which services and technical services which support the provision of payment services, support the provision of payment services,

PE695.090v01-00 20/76 AM\1235316EN.docx EN may be provided by gatekeepers together may be provided by gatekeepers together with their core platform services. As with their core platform services. As gatekeepers frequently provide the gatekeepers frequently provide the portfolio of their services as part of an portfolio of their services as part of an integrated ecosystem to which third-party integrated ecosystem to which third-party providers of such ancillary services do not providers of such ancillary services do not have access, at least not subject to equal have access, at least not subject to equal conditions, and can link the access to the conditions, and can link the access to the core platform service to take-up of one or core platform service to take-up of one or more ancillary services, the gatekeepers are more ancillary services, the gatekeepers are likely to have an increased ability and likely to have an increased ability and incentive to leverage their gatekeeper incentive to leverage their gatekeeper power from their core platform services to power from their core platform services to these ancillary services, to the detriment of these ancillary services, to the detriment of choice and contestability of these services. choice and contestability of these services. Gatekeepers that provide ancillary services such as retailing or distribution activities that are targeted at end users alongside their core platform services and in a manner that is indistinguishable for the average user should also be subject to the obligations applicable to core platform services.

Or. en

Amendment 96 Emmanuel Maurel

Proposal for a regulation Recital 14 a (new)

Text proposed by the Commission Amendment

(14a) Gatekeepers can also engage in retail or distribution activities. These activities are additional to their core platform activity. It is difficult for end users to determine whether gatekeepers are acting as a platform or are engaged in direct selling. Consequently, the direct sales service can compete with professional users of the platform service. The ancillary services of gatekeepers should therefore be subject to the obligations applicable to core platform

AM\1235316EN.docx 21/76 PE695.090v01-00 EN services.

Or. fr

Amendment 97 Daniel Buda

Proposal for a regulation Recital 18

Text proposed by the Commission Amendment

(18) A sustained market capitalisation of (18) A sustained market capitalisation of the provider of core platform services at or the provider of core platform services at or above the threshold level over three or above the threshold level over three or more years should be considered as more years should be considered as strengthening the presumption that the strengthening the presumption that the provider of core platform services has a provider of core platform services has a significant impact on the internal market. significant impact on the internal market, generating at least a potential effect as regards influencing end user options.

Or. ro

Amendment 98 Andrzej Halicki, Axel Voss, Adam Jarubas

Proposal for a regulation Recital 23

Text proposed by the Commission Amendment

(23) Providers of core platform services (23) Providers of core platform services which meet the quantitative thresholds but which meet the quantitative thresholds but are able to present sufficiently are able to present sufficiently substantiated arguments to demonstrate substantiated arguments to demonstrate that, in the circumstances in which the that, in the circumstances in which the relevant core platform service operates, relevant core platform service operates, they do not fulfil the objective they do not fulfil the objective requirements for a gatekeeper, should not requirements for a gatekeeper, should not be designated directly, but only subject to a be designated directly, but only subject to a further investigation. The burden of further investigation. The burden of adducing evidence that the presumption adducing evidence that the presumption deriving from the fulfilment of quantitative deriving from the fulfilment of quantitative thresholds should not apply to a specific thresholds should not apply to a specific

PE695.090v01-00 22/76 AM\1235316EN.docx EN provider should be borne by that provider provider should be borne by that provider In its assessment, the Commission should In its assessment, the Commission should take into account only the elements which take into account only the elements which directly relate to the requirements for directly relate to the requirements for constituting a gatekeeper, namely whether constituting a gatekeeper, namely whether it is an important gateway which is it is an important gateway which is operated by a provider with a significant operated by a provider with a significant impact in the internal market with an impact in the internal market with an entrenched and durable position, either entrenched and durable position, either actual or foreseeable. Any justification on actual or foreseeable. Any justification on economic grounds seeking to demonstrate economic grounds seeking to demonstrate efficiencies deriving from a specific type efficiencies deriving from a specific type of behaviour by the provider of core of behaviour by the provider of core platform services should be discarded, as it platform services should therefore not be is not relevant to the designation as a admitted, as it is not relevant to the gatekeeper. The Commission should be designation as a gatekeeper. The able to take a decision by relying on the Commission should be able to take a quantitative thresholds where the provider decision by relying on the quantitative significantly obstructs the investigation by thresholds where the provider significantly failing to comply with the investigative obstructs the investigation by failing to measures taken by the Commission. comply with the investigative measures taken by the Commission.

Or. en

Amendment 99 Daniel Buda

Proposal for a regulation Recital 25

Text proposed by the Commission Amendment

(25) Such an assessment can only be (25) Such an assessment can only be done in light of a market investigation, done in light of an efficient market while taking into account the quantitative investigation tailored to the conditions on thresholds. In its assessment the the digital market, while taking into Commission should pursue the objectives account the quantitative thresholds. In its of preserving and fostering the level of assessment the Commission should pursue innovation, the quality of digital products the objectives of preserving, stimulating and services, the degree to which prices are and fostering the level of innovation, the fair and competitive, and the degree to quality of digital products and services, the which quality or choice for business users degree to which prices are fair and and for end users is or remains high. competitive, and the degree to which Elements that are specific to the providers quality or choice for business users and for of core platform services concerned, such end users is or remains high. Elements that as extreme scale economies, very strong are specific to the providers of core

AM\1235316EN.docx 23/76 PE695.090v01-00 EN network effects, an ability to connect many platform services concerned, such as business users with many end users extreme scale economies, very strong through the multi-sidedness of these network effects, an ability to connect many services, lock-in effects, a lack of multi- business users with many end users homing or vertical integration, can be taken through the multi-sidedness of these into account. In addition, a very high services, lock-in effects, a lack of multi- market capitalisation, a very high ratio of homing or vertical integration, can be taken equity value over profit or a very high into account. In addition, a very high turnover derived from end users of a single market capitalisation, a very high ratio of core platform service can point to the equity value over profit or a very high tipping of the market or leveraging turnover derived from end users of a single potential of such providers. Together with core platform service can point to the market capitalisation, high growth rates, or tipping of the market or leveraging decelerating growth rates read together potential of such providers. Together with with profitability growth, are examples of market capitalisation, high growth rates, or dynamic parameters that are particularly decelerating growth rates read together relevant to identifying such providers of with profitability growth, are examples of core platform services that are foreseen to dynamic parameters that are particularly become entrenched. The Commission relevant to identifying such providers of should be able to take a decision by core platform services that are foreseen to drawing adverse inferences from facts become entrenched. The Commission available where the provider significantly should be able to take a decision by obstructs the investigation by failing to drawing adverse inferences from facts comply with the investigative measures available where the provider significantly taken by the Commission. obstructs the investigation by failing to comply with the investigative measures taken by the Commission.

Or. ro

Amendment 100 Daniel Buda

Proposal for a regulation Recital 26

Text proposed by the Commission Amendment

(26) A particular subset of rules should (26) A particular subset of rules should apply to those providers of core platform apply to those providers of core platform services that are foreseen to enjoy an services that are foreseen to enjoy an entrenched and durable position in the near entrenched and durable position in the near future. The same specific features of core future. The same specific features of core platform services make them prone to platform services make them prone to tipping: once a service provider has tipping, both from the perspective of obtained a certain advantage over rivals or market conditions and from that of user potential challengers in terms of scale or behaviour: once a service provider has

PE695.090v01-00 24/76 AM\1235316EN.docx EN intermediation power, its position may obtained a certain advantage over rivals or become unassailable and the situation may potential challengers in terms of scale or evolve to the point that it is likely to intermediation power, its position may become durable and entrenched in the near become unassailable and the situation may future. Undertakings can try to induce this evolve to the point that it is likely to tipping and emerge as gatekeeper by using become durable and entrenched in the near some of the unfair conditions and practices future. Undertakings can try to induce this regulated in this Regulation. In such a tipping and emerge as gatekeeper by using situation, it appears appropriate to some of the unfair conditions and practices intervene before the market tips regulated in this Regulation. In such a irreversibly. situation, it appears appropriate to intervene in an effective and harmonised manner before the market tips irreversibly.

Or. ro

Amendment 101 Daniel Buda

Proposal for a regulation Recital 27

Text proposed by the Commission Amendment

(27) However, such an early (27) However, such an early intervention should be limited to imposing intervention should be limited to imposing only those obligations that are necessary only those obligations that are necessary and appropriate to ensure that the services and appropriate to ensure that the services in question remain contestable and allow to in question remain contestable and allow to avoid the qualified risk of unfair conditions avoid the qualified risk of unfair conditions and practices. Obligations that prevent the and practices. Obligations that prevent the provider of core platform services provider of core platform services concerned from achieving an entrenched concerned from achieving an entrenched and durable position in its operations, such and durable position in its operations, such as those preventing unfair leveraging, and as those preventing unfair leveraging, and those that facilitate switching and multi- those that facilitate switching and multi- homing are more directly geared towards homing are more directly geared towards this purpose. To ensure proportionality, the this purpose. To ensure proportionality, the Commission should moreover apply from Commission should moreover apply from that subset of obligations only those that that subset of obligations only those that are necessary and proportionate to achieve are necessary and proportionate to achieve the objectives of this Regulation and the objectives of this Regulation and should regularly review whether such should regularly review whether such obligations should be maintained, obligations should be maintained, suppressed or adapted. suppressed or adapted, bearing in mind the basic objective of guaranteeing a framework for developing and

AM\1235316EN.docx 25/76 PE695.090v01-00 EN encouraging innovation.

Or. ro

Amendment 102 Andrzej Halicki, Axel Voss

Proposal for a regulation Recital 29

Text proposed by the Commission Amendment

(29) Designated gatekeepers should (29) Designated gatekeepers should comply with the obligations laid down in comply with the obligations laid down in this Regulation in respect of each of the this Regulation in respect of each of the core platform services listed in the relevant core platform services listed in the relevant designation decision. The mandatory rules designation decision. The mandatory rules should apply taking into account the should apply taking into account the conglomerate position of gatekeepers, conglomerate position of gatekeepers and where applicable. Furthermore, their ecosystem orchestrator power, where implementing measures that the applicable. Furthermore, implementing Commission may by decision impose on measures based on Article 36 that the the gatekeeper following a regulatory Commission may by decision impose on dialogue should be designed in an effective the gatekeeper following a regulatory manner, having regard to the features of dialogue should be designed in an effective core platform services as well as possible manner, having regard to the features of circumvention risks and in compliance core platform services as well as possible with the principle of proportionality and circumvention risks and in compliance the fundamental rights of the undertakings with the principle of proportionality and concerned as well as those of third parties. the fundamental rights of the undertakings concerned as well as those of third parties.

Or. en

Amendment 103 Emmanuel Maurel

Proposal for a regulation Recital 29

Text proposed by the Commission Amendment

(29) Designated gatekeepers should (29) Gatekeepers should comply with comply with the obligations laid down in the obligations laid down in this this Regulation in respect of each of the Regulation in respect of each of the core

PE695.090v01-00 26/76 AM\1235316EN.docx EN core platform services listed in the relevant platform services listed in the relevant designation decision. The mandatory rules designation decision. The mandatory rules should apply taking into account the should apply taking into account the conglomerate position of gatekeepers, conglomerate position of gatekeepers, where applicable. Furthermore, where applicable. Furthermore, implementing measures that the implementing measures that the Commission may by decision impose on Commission may by decision impose on the gatekeeper following a regulatory the gatekeeper following a regulatory dialogue should be designed in an effective dialogue should be designed in an effective manner, having regard to the features of manner, having regard to the features of core platform services as well as possible core platform services as well as possible circumvention risks and in compliance circumvention risks and in compliance with the principle of proportionality and with the principle of proportionality and the fundamental rights of the undertakings the fundamental rights of the undertakings concerned as well as those of third parties. concerned as well as those of third parties.

Or. fr

Amendment 104 Andrzej Halicki, Axel Voss, Adam Jarubas

Proposal for a regulation Recital 30

Text proposed by the Commission Amendment

(30) The very rapidly changing and (30) The very rapidly changing and complex technological nature of core complex technological nature of core platform services requires a regular review platform services requires a regular review of the status of gatekeepers, including of the status of gatekeepers, including those that are foreseen to enjoy a durable those that are foreseen to enjoy a durable and entrenched position in their operations and entrenched position in their operations in the near future. To provide all of the in the near future. To provide all of the market participants, including the market participants, including the gatekeepers, with the required certainty as gatekeepers, with the required certainty as to the applicable legal obligations, a time to the applicable legal obligations, a time limit for such regular reviews is necessary. limit for such regular reviews is necessary. It is also important to conduct such reviews It is also important to conduct such reviews on a regular basis and at least every two on a regular basis and at least every three years. years.

Or. en

Amendment 105 Andrzej Halicki, Axel Voss, Adam Jarubas, Geoffroy Didier

AM\1235316EN.docx 27/76 PE695.090v01-00 EN Proposal for a regulation Recital 31

Text proposed by the Commission Amendment

(31) To ensure the effectiveness of the (31) To ensure the effectiveness of the review of gatekeeper status as well as the review of gatekeeper status as well as the possibility to adjust the list of core possibility to adjust the list of core platform services provided by a platform services provided by a gatekeeper, the gatekeepers should inform gatekeeper, the gatekeepers should inform the Commission of all of their intended and the Commission and other competent concluded acquisitions of other providers national authorities of all of their intended of core platform services or any other and concluded acquisitions of other services provided within the digital sector. providers of core platform services or any Such information should not only serve the other services provided within the digital review process mentioned above, regarding sector. Such information should not only the status of individual gatekeepers, but serve the review process mentioned above, will also provide information that is crucial regarding the status of individual to monitoring broader contestability trends gatekeepers, but will also provide in the digital sector and can therefore be a information that is crucial to monitoring useful factor for consideration in the broader contestability trends in the digital context of the market investigations sector and can therefore be a useful factor foreseen by this Regulation. for consideration in the context of the market investigations foreseen by this Regulation.

Or. en

Amendment 106 Stéphane Séjourné, Adrián Vázquez Lázara

Proposal for a regulation Recital 31

Text proposed by the Commission Amendment

(31) To ensure the effectiveness of the (31) To ensure the effectiveness of the review of gatekeeper status as well as the review of gatekeeper status as well as the possibility to adjust the list of core possibility to adjust the list of core platform services provided by a platform services provided by a gatekeeper, the gatekeepers should inform gatekeeper, the gatekeepers should inform the Commission of all of their intended and the Commission of all of their intended and concluded acquisitions of other providers concluded acquisitions prior to their of core platform services or any other application. Such information should not services provided within the digital sector. only serve the review process mentioned Such information should not only serve the above, regarding the status of individual

PE695.090v01-00 28/76 AM\1235316EN.docx EN review process mentioned above, regarding gatekeepers, but will also provide the status of individual gatekeepers, but information that is crucial to monitoring will also provide information that is crucial broader contestability trends in the markets to monitoring broader contestability trends where gatekeepers operate, in particular in the digital sector and can therefore be a in the digital sector and can therefore be a useful factor for consideration in the useful factor for consideration in the context of the market investigations context of the market investigations foreseen by this Regulation. foreseen by this Regulation.

Or. en

Amendment 107 Andrzej Halicki, Axel Voss, Adam Jarubas, Geoffroy Didier

Proposal for a regulation Recital 32

Text proposed by the Commission Amendment

(32) To safeguard the fairness and (32) To safeguard the fairness and contestability of core platform services contestability of core platform services provided by gatekeepers, it is necessary to provided by gatekeepers, it is necessary to provide in a clear and unambiguous provide in a clear and unambiguous manner for a set of harmonised obligations manner for a set of harmonised obligations with regard to those services. Such rules with regard to those services. Such rules are needed to address the risk of harmful are needed to address the risk of harmful effects of unfair practices imposed by effects of unfair practices imposed by gatekeepers, to the benefit of the business gatekeepers, to the benefit of the business environment in the services concerned, to environment in the services concerned, to the benefit of users and ultimately to the the benefit of users and ultimately to the benefit of society as a whole. Given the benefit of society as a whole. Given the fast-moving and dynamic nature of digital fast-moving and dynamic nature of digital markets, and the substantial economic markets, and the substantial economic power of gatekeepers, it is important that power of gatekeepers, it is important that these obligations are effectively applied these obligations are effectively applied without being circumvented. To that end, without being circumvented. To that end, the obligations in question should apply to the obligations in question should apply to any practices by a gatekeeper, irrespective any relevant behaviour by a gatekeeper, of its form and irrespective of whether it is irrespective of its form and irrespective of of a contractual, commercial, technical or whether it is of a contractual, commercial, any other nature, insofar as a practice technical or any other nature, insofar as a corresponds to the type of practice that is practice corresponds to the type of the subject of one of the obligations of this behaviour that is the subject of one of the Regulation. obligations of this Regulation.

Or. en

AM\1235316EN.docx 29/76 PE695.090v01-00 EN Amendment 108 Stéphane Séjourné, Adrián Vázquez Lázara

Proposal for a regulation Recital 33

Text proposed by the Commission Amendment

(33) The obligations laid down in this (33) The obligations laid down in this Regulation are limited to what is necessary Regulation are limited to what is necessary and justified to address the unfairness of and justified to address the unfairness of the identified practices by gatekeepers and the identified practices by gatekeepers and to ensure contestability in relation to core to ensure contestability in relation to core platform services provided by gatekeepers. platform services provided by gatekeepers. Therefore, the obligations should Therefore, the obligations should correspond to those practices that are correspond to those practices that are considered unfair by taking into account considered unfair by taking into account the features of the digital sector and where the features of the digital sector and where experience gained, for example in the experience gained, for example in the enforcement of the EU competition rules, enforcement of the EU competition rules, shows that they have a particularly shows that they have a particularly negative direct impact on the business negative direct impact on the business users and end users. In addition, it is users and end users. The obligations laid necessary to provide for the possibility of a down in the Regulation may specifically regulatory dialogue with gatekeepers to take into account the nature of the core tailor those obligations that are likely to platform services provided. In addition, it require specific implementing measures in is necessary to provide for the possibility order to ensure their effectiveness and of a regulatory dialogue with gatekeepers proportionality. The obligations should to tailor those obligations that are likely to only be updated after a thorough require specific implementing measures in investigation on the nature and impact of order to ensure their effectiveness and specific practices that may be newly proportionality. The obligations should identified, following an in-depth only be updated after a thorough investigation, as unfair or limiting investigation on the nature and impact of contestability in the same manner as the specific practices that may be newly unfair practices laid down in this identified, following an in-depth Regulation while potentially escaping the investigation, as unfair or limiting scope of the current set of obligations. 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. In order to enhance the effectiveness of the updating process, the Commission should also use the reporting mechanism involving competitors, business users, end-users and competent national authorities, that would inform the

PE695.090v01-00 30/76 AM\1235316EN.docx EN Commission in the event of any of those detected practices.

Or. en

Amendment 109 Emmanuel Maurel

Proposal for a regulation Recital 36

Text proposed by the Commission Amendment

(36) The conduct of combining end user (36) The conduct of combining end user data from different sources or signing in data from different sources or signing in users to different services of gatekeepers users to different services of gatekeepers gives them potential advantages in terms of gives them potential advantages in terms of accumulation of data, thereby raising accumulation of data, thereby raising barriers to entry. To ensure that barriers to entry. To ensure that gatekeepers do not unfairly undermine the gatekeepers do not unfairly undermine the contestability of core platform services, contestability of core platform services, they should enable their end users to they should not be permitted to combine freely choose to opt-in to such business the personal data of end users or business practices by offering a less personalised users generated by a core or ancillary alternative. The possibility should cover service with data from a gatekeeper or a all possible sources of personal data, third-party service. 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.

Or. fr

Amendment 110 Andrzej Halicki, Axel Voss, Adam Jarubas, Geoffroy Didier

Proposal for a regulation Recital 36

Text proposed by the Commission Amendment

(36) The conduct of combining end user (36) The conduct of combining end user data from different sources or signing in data from different sources or signing in users to different services of gatekeepers users to different services of gatekeepers

AM\1235316EN.docx 31/76 PE695.090v01-00 EN gives them potential advantages in terms of gives them potential advantages in terms of accumulation of data, thereby raising accumulation of data, thereby raising barriers to entry. To ensure that barriers to entry. To ensure that gatekeepers do not unfairly undermine the gatekeepers do not unfairly undermine the contestability of core platform services, contestability of core platform services, they should enable their end users to freely they should enable their end users to freely choose to opt-in to such business practices choose to opt-in to such business practices by offering a less personalised alternative. by offering a less personalised alternative. The possibility should cover all possible The possibility should cover all possible sources of personal data, including own sources of personal data, including those services of the gatekeeper as well as third created by the own services of the party websites, and should be proactively gatekeeper as well as third party websites, presented to the end user in an explicit, and should be proactively presented to the clear and straightforward manner. end user in an explicit, clear and straightforward manner.

Or. en

Amendment 111 Patrick Breyer

Proposal for a regulation Recital 36 a (new)

Text proposed by the Commission Amendment

(36a) Article 5(a) of this Regulation should not be understood as suggesting that platforms that are not designated as gatekeepers may freely combine personal data across services without the individual’s consent.

Or. en

Amendment 112 Stéphane Séjourné, Adrián Vázquez Lázara

Proposal for a regulation Recital 37

Text proposed by the Commission Amendment

(37) Because of their position, (37) Because of their position, gatekeepers might in certain cases restrict gatekeepers might in certain cases restrict

PE695.090v01-00 32/76 AM\1235316EN.docx EN the ability of business users of their online the ability of business users of their online intermediation services to offer their goods intermediation services to offer their goods or services to end users under more or services to end users under more favourable conditions, including price, favourable conditions, including price, through other online intermediation through other online intermediation services. Such restrictions have a services, their own interface or direct significant deterrent effect on the business channel. Such restrictions have a users of gatekeepers in terms of their use of significant deterrent effect on the business alternative online intermediation services, users of gatekeepers in terms of their use of limiting inter-platform contestability, alternative online intermediation services, which in turn limits choice of alternative limiting inter-platform contestability, online intermediation channels for end which in turn limits choice of alternative users. To ensure that business users of distribution channels including alternative online intermediation services of online intermediation channels for end gatekeepers can freely choose alternative users. To ensure that business users of online intermediation services and online intermediation services of differentiate the conditions under which gatekeepers can freely choose alternative they offer their products or services to their online intermediation services and end users, it should not be accepted that differentiate the conditions under which gatekeepers limit business users from they offer their products or services to their choosing to differentiate commercial end users, it should not be accepted that conditions, including price. Such a gatekeepers limit business users from restriction should apply to any measure choosing to differentiate commercial with equivalent effect, such as for example conditions, including price. Such a increased commission rates or de-listing of restriction should apply to any measure the offers of business users. with equivalent effect, such as for example increased commission rates or de-listing of the offers of business users.

Or. en

Amendment 113 Andrzej Halicki, Axel Voss, Adam Jarubas, Geoffroy Didier, Pascal Arimont

Proposal for a regulation Recital 37

Text proposed by the Commission Amendment

(37) Because of their position, (37) Because of their position, gatekeepers might in certain cases restrict gatekeepers might in certain cases restrict the ability of business users of their online the ability of business users of their online intermediation services to offer their goods intermediation services to offer their goods or services to end users under more or services to end users under more favourable conditions, including price, favourable conditions, including price, through other online intermediation through other online intermediation services. Such restrictions have a services or their own websites or other

AM\1235316EN.docx 33/76 PE695.090v01-00 EN significant deterrent effect on the business distribution channels. Such restrictions users of gatekeepers in terms of their use of have a significant deterrent effect on the alternative online intermediation services, business users of gatekeepers in terms of limiting inter-platform contestability, their use of alternative online which in turn limits choice of alternative intermediation services, limiting inter- online intermediation channels for end platform contestability, which in turn limits users. To ensure that business users of choice of alternative online intermediation online intermediation services of channels for end users. To ensure that gatekeepers can freely choose alternative business users of online intermediation online intermediation services and services of gatekeepers can freely choose differentiate the conditions under which alternative online intermediation services they offer their products or services to their and differentiate the conditions under end users, it should not be accepted that which they offer their products or services gatekeepers limit business users from to their end users, it should not be choosing to differentiate commercial permitted that gatekeepers limit business conditions, including price. Such a users from choosing to differentiate restriction should apply to any measure commercial conditions, including price. with equivalent effect, such as for example Such a restriction should apply to any increased commission rates or de-listing of measure with equivalent effect, such as for the offers of business users. example increased commission rates or de- listing or less favourable ranking of the offers of business users.

Or. en

Amendment 114 Emmanuel Maurel

Proposal for a regulation Recital 37

Text proposed by the Commission Amendment

(37) Because of their position, (37) Because of their position, gatekeepers might in certain cases restrict gatekeepers might in certain cases restrict the ability of business users of their online the ability of business users of their online intermediation services to offer their goods intermediation services to offer their goods or services to end users under more or services to end users under more favourable conditions, including price, favourable conditions, including price, through other online intermediation through other online intermediation services. Such restrictions have a services or online direct sales channels significant deterrent effect on the business belonging to them. Such restrictions have a users of gatekeepers in terms of their use of significant deterrent effect on the business alternative online intermediation services, users of gatekeepers in terms of their use of limiting inter-platform contestability, alternative online intermediation services, which in turn limits choice of alternative limiting inter-platform contestability, online intermediation channels for end which in turn limits choice of alternative

PE695.090v01-00 34/76 AM\1235316EN.docx EN users. To ensure that business users of online intermediation channels for end online intermediation services of users. To ensure that business users of gatekeepers can freely choose alternative online intermediation services of online intermediation services and gatekeepers can freely choose alternative differentiate the conditions under which online intermediation services and they offer their products or services to their differentiate the conditions under which end users, it should not be accepted that they offer their products or services to their gatekeepers limit business users from end users, it should not be accepted that choosing to differentiate commercial gatekeepers limit business users from conditions, including price. Such a choosing to differentiate commercial restriction should apply to any measure conditions, including price. Such a with equivalent effect, such as for example restriction should apply to any measure increased commission rates or de-listing of with equivalent effect, such as for example the offers of business users. increased commission rates or de-listing of the offers of business users.

Or. fr

Amendment 115 Stéphane Séjourné, Adrián Vázquez Lázara

Proposal for a regulation Recital 38

Text proposed by the Commission Amendment

(38) To prevent further reinforcing their (38) To prevent further reinforcing their dependence on the core platform services dependence on the core platform services of gatekeepers, the business users of these of gatekeepers, the business users of these gatekeepers should be free in promoting gatekeepers should be free in promoting and choosing the distribution channel they and choosing the distribution channel they consider most appropriate to interact with consider most appropriate to interact with any end users that these business users any end users that these business users have already acquired through core have already acquired through core platform services provided by the platform services provided by the gatekeeper. Conversely, end users should gatekeeper. Conversely, end users should also be free to choose offers of such also be free to choose offers of such business users and to enter into contracts business users and to enter into contracts with them either through core platform with them either through core platform services of the gatekeeper, if applicable, or services of the gatekeeper, if applicable, or from a direct distribution channel of the from a direct distribution channel of the business user or another indirect business user or another indirect distribution channel such business user distribution channel such business user may use. This should apply to the may use. This should apply to the promotion of offers and conclusion of promotion of offers and conclusion of contracts between business users and end contracts between business users and end users. Moreover, the ability of end users to users. Moreover, the ability of end users to

AM\1235316EN.docx 35/76 PE695.090v01-00 EN freely acquire content, subscriptions, freely acquire content, subscriptions, features or other items outside the core features or other services or items outside platform services of the gatekeeper should the core platform services of the not be undermined or restricted. In gatekeeper should not be undermined or particular, it should be avoided that restricted notably through the use of gatekeepers restrict end users from access technical restrictions. In particular, it to and use of such services via a software should be avoided that gatekeepers restrict application running on their core platform end users from access to and use of such service. For example, subscribers to online legally acquired digital content and content purchased outside a software services via hardware or a software application download or purchased from a application running on their core platform software application store should not be service. For example, subscribers to online prevented from accessing such online content purchased outside a software content on a software application on the application download or purchased from a gatekeeper’s core platform service simply software application store should not be because it was purchased outside such prevented from accessing such online software application or software content on a software application on the application store. gatekeeper’s core platform service simply because it was purchased outside such software application or software application store.

Or. en

Amendment 116 Emmanuel Maurel

Proposal for a regulation Recital 38

Text proposed by the Commission Amendment

(38) To prevent further reinforcing their (38) To prevent further reinforcing their dependence on the core platform services dependence on the core platform services of gatekeepers, the business users of these of gatekeepers, the business users of these gatekeepers should be free in promoting gatekeepers should be free in promoting and choosing the distribution channel they and choosing the distribution channel they consider most appropriate to interact with consider most appropriate to interact with any end users that these business users any end users that these business users have already acquired through core have already acquired through core platform services provided by the platform services provided by the gatekeeper. Conversely, end users should gatekeeper. Conversely, end users should also be free to choose offers of such also be free to choose offers of such business users and to enter into contracts business users and to enter into contracts with them either through core platform with them either through core platform services of the gatekeeper, if applicable, or services of the gatekeeper, if applicable, or from a direct distribution channel of the from a direct distribution channel of the

PE695.090v01-00 36/76 AM\1235316EN.docx EN business user or another indirect business user or another indirect distribution channel such business user distribution channel such business user may use. This should apply to the may use. This should apply to the promotion of offers and conclusion of promotion of offers and conclusion of contracts between business users and end contracts between business users and end users. Moreover, the ability of end users to users. Moreover, the ability of end users to freely acquire content, subscriptions, freely acquire digital content and services, features or other items outside the core subscriptions, features or other items platform services of the gatekeeper should outside the core platform services of the not be undermined or restricted. In gatekeeper should not be blocked or particular, it should be avoided that restricted, including by the use of gatekeepers restrict end users from access technical means. In particular, it should be to and use of such services via a software avoided that gatekeepers restrict end users application running on their core platform from access to and use of such legally service. For example, subscribers to online acquired services via hardware content purchased outside a software components or a software application application download or purchased from a running on their core platform service. For software application store should not be example, access to online content prevented from accessing such online purchased outside a software application content on a software application on the download or purchased from a software gatekeeper’s core platform service simply application store should not be prevented because it was purchased outside such on a software application on the software application or software gatekeeper’s core platform service simply application store. because it was purchased outside such software application or software application store.

Or. fr

Amendment 117 Emmanuel Maurel

Proposal for a regulation Recital 39

Text proposed by the Commission Amendment

(39) To safeguard a fair commercial (39) To safeguard a fair commercial environment and protect the contestability environment and protect the contestability of the digital sector it is important to of the digital sector it is important to safeguard the right of business users to safeguard the right of business users, end raise concerns about unfair behaviour by users and third parties having a legitimate gatekeepers with any relevant interest to raise concerns about unfair administrative or other public authorities. behaviour by gatekeepers with any relevant For example, business users may want to administrative, judicial or other public complain about different types of unfair authorities. For example, business users, practices, such as discriminatory access end users and third parties having a

AM\1235316EN.docx 37/76 PE695.090v01-00 EN conditions, unjustified closing of business legitimate interest may want to complain user accounts or unclear grounds for about different types of unfair practices, product de-listings. Any practice that such as discriminatory access conditions, would in any way inhibit such a possibility unjustified closing of business user or end of raising concerns or seeking available user accounts or unclear grounds for redress, for instance by means of product de-listings. Any practice that confidentiality clauses in agreements or would in any way inhibit such a possibility other written terms, should therefore be of raising concerns or seeking available prohibited. This should be without redress, for instance by means of prejudice to the right of business users and confidentiality clauses in agreements or gatekeepers to lay down in their other written terms, should therefore be agreements the terms of use including the prohibited. This should be without use of lawful complaints-handling prejudice to the right of business users and mechanisms, including any use of gatekeepers to lay down in their alternative dispute resolution mechanisms agreements the terms of use, in clear and or of the jurisdiction of specific courts in intelligible language, including the use of compliance with respective Union and lawful complaints-handling mechanisms, national law This should therefore also be including any use of alternative dispute without prejudice to the role gatekeepers resolution mechanisms or of the play in the fight against illegal content jurisdiction of specific courts in online. 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.

Or. fr

Amendment 118 Daniel Buda

Proposal for a regulation Recital 39

Text proposed by the Commission Amendment

(39) To safeguard a fair commercial (39) To safeguard a fair commercial environment and protect the contestability environment and protect the contestability of the digital sector it is important to of the digital sector it is important to safeguard the right of business users to safeguard the right of business users to raise concerns about unfair behaviour by raise concerns about unfair behaviour by gatekeepers with any relevant gatekeepers with any relevant administrative or other public authorities. administrative or other public authorities. For example, business users may want to For example, business users may want to complain about different types of unfair complain about different types of unfair practices, such as discriminatory access practices, such as discriminatory access conditions, unjustified closing of business conditions, unjustified closing of business

PE695.090v01-00 38/76 AM\1235316EN.docx EN user accounts or unclear grounds for user accounts or unclear grounds for product de-listings. Any practice that product de-listings. Any practice that would in any way inhibit such a possibility would in any way inhibit such a possibility of raising concerns or seeking available of raising concerns or seeking available redress, for instance by means of redress, for instance by means of confidentiality clauses in agreements or confidentiality clauses in agreements or other written terms, should therefore be other written terms, should therefore be prohibited. This should be without prohibited. This should be without prejudice to the right of business users and prejudice to the right of business users and gatekeepers to lay down in their gatekeepers to lay down in their agreements the terms of use including the agreements the terms of use including the use of lawful complaints-handling use of lawful complaints-handling mechanisms, including any use of mechanisms, including any use of alternative dispute resolution mechanisms alternative dispute resolution mechanisms or of the jurisdiction of specific courts in or of the jurisdiction of specific courts in compliance with respective Union and compliance with respective Union and national law This should therefore also be national law This should therefore also be without prejudice to the role gatekeepers without prejudice to the role gatekeepers play in the fight against illegal content play in the fight against illegal content online. online. All the rights and possibilities provided to business users should also be applicable to end users.

Or. ro

Amendment 119 Patrick Breyer

Proposal for a regulation Recital 39

Text proposed by the Commission Amendment

(39) To safeguard a fair commercial (39) To safeguard a fair commercial environment and protect the contestability environment and protect the contestability of the digital sector it is important to of the digital sector it is important to safeguard the right of business users to safeguard the right of business users and raise concerns about unfair behaviour by end users to raise concerns about unfair gatekeepers with any relevant behaviour by gatekeepers with any relevant administrative or other public authorities. administrative or other public authorities. For example, business users may want to For example, business users and end users complain about different types of unfair may want to complain about different types practices, such as discriminatory access of unfair practices, such as discriminatory conditions, unjustified closing of business access conditions, unjustified closing of user accounts or unclear grounds for business user and end users accounts or product de-listings. Any practice that unclear grounds for product de-listings. would in any way inhibit such a possibility Any practice that would in any way inhibit

AM\1235316EN.docx 39/76 PE695.090v01-00 EN of raising concerns or seeking available such a possibility of raising concerns or redress, for instance by means of seeking available redress, for instance by confidentiality clauses in agreements or means of confidentiality clauses in other written terms, should therefore be agreements or other written terms, should prohibited. This should be without therefore be prohibited. This should be prejudice to the right of business users and without prejudice to the right of business gatekeepers to lay down in their users and gatekeepers to lay down in their agreements the terms of use including the agreements the terms of use including the use of lawful complaints-handling use of lawful complaints-handling mechanisms, including any use of mechanisms, including any use of alternative dispute resolution mechanisms alternative dispute resolution mechanisms or of the jurisdiction of specific courts in or of the jurisdiction of specific courts in compliance with respective Union and compliance with respective Union and national law This should therefore also be national law. without prejudice to the role gatekeepers play in the fight against illegal content online.

Or. en

Amendment 120 Andrzej Halicki, Axel Voss, Adam Jarubas, Geoffroy Didier

Proposal for a regulation Recital 39

Text proposed by the Commission Amendment

(39) To safeguard a fair commercial (39) To safeguard a fair commercial environment and protect the contestability environment and protect the contestability of the digital sector it is important to of the digital sector it is important to safeguard the right of business users to safeguard the right of business users to raise concerns about unfair behaviour by raise concerns about unfair behaviour by gatekeepers with any relevant gatekeepers with any relevant administrative or other public authorities. administrative or other public authorities, For example, business users may want to including national courts. For example, complain about different types of unfair business users may want to complain about practices, such as discriminatory access different types of unfair practices, such as conditions, unjustified closing of business discriminatory access conditions, user accounts or unclear grounds for unjustified closing of business user product de-listings. Any practice that accounts or unclear grounds for product would in any way inhibit such a possibility de-listings. Any practice that would in any of raising concerns or seeking available way inhibit or impede such a possibility of redress, for instance by means of raising concerns or seeking available confidentiality clauses in agreements or redress, for instance by means of other written terms, should therefore be confidentiality clauses in agreements or prohibited. This should be without other written terms, should therefore be

PE695.090v01-00 40/76 AM\1235316EN.docx EN prejudice to the right of business users and prohibited. This should be without gatekeepers to lay down in their prejudice to the right of business users and agreements the terms of use including the gatekeepers to lay down in their use of lawful complaints-handling agreements the terms of use including the mechanisms, including any use of use of lawful complaints-handling alternative dispute resolution mechanisms mechanisms, including any use of or of the jurisdiction of specific courts in alternative dispute resolution mechanisms compliance with respective Union and or of the jurisdiction of specific courts in national law This should therefore also be compliance with respective Union and without prejudice to the role gatekeepers national law This should therefore also be play in the fight against illegal content without prejudice to the role gatekeepers online. play in the fight against illegal content online.

Or. en

Amendment 121 Stéphane Séjourné, Adrián Vázquez Lázara

Proposal for a regulation Recital 40

Text proposed by the Commission Amendment

(40) Identification services are crucial (40) Identification and ancillary for business users to conduct their services are crucial for the economic business, as these can allow them not only development of business users to conduct to optimise services, to the extent allowed their business, as these can allow them not under Regulation (EU) 2016/679 and only to optimise services, to the extent Directive 2002/58/EC of the European allowed under Regulation (EU) 2016/679 Parliament and of the Council33 , but also and Directive 2002/58/EC of the European to inject trust in online transactions, in Parliament and of the Council33 , but also compliance with Union or national law. to inject trust in online transactions, in Gatekeepers should therefore not use their compliance with Union or national law. position as provider of core platform Gatekeepers should therefore not use their services to require their dependent business position as provider of core platform users to include any identification services services to require their dependent business provided by the gatekeeper itself as part of users to include any identification or the provision of services or products by ancillary services provided by the these business users to their end users, gatekeeper itself as part of the provision of where other identification services are services or products by these business available to such business users. users to their end users, where other identification services are available to such business users. ______33 Directive 2002/58/EC of the European 33 Directive 2002/58/EC of the European

AM\1235316EN.docx 41/76 PE695.090v01-00 EN Parliament and of the Council of 12 July Parliament and of the Council of 12 July 2002 concerning the processing of personal 2002 concerning the processing of personal data and the protection of privacy in the data and the protection of privacy in the electronic communications sector electronic communications sector (Directive on privacy and electronic (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. communications) (OJ L 201, 31.7.2002, p. 37). 37).

Or. en

Amendment 122 Andrzej Halicki, Axel Voss, Adam Jarubas, Geoffroy Didier

Proposal for a regulation Recital 41

Text proposed by the Commission Amendment

(41) Gatekeepers should not restrict the (41) Gatekeepers should not restrict the free choice of end users by technically free choice of end users by technically preventing switching between or preventing switching between or subscription to different software subscription to different software applications and services. Gatekeepers applications and services. Gatekeepers should therefore ensure a free choice should therefore ensure a free choice irrespective of whether they are the irrespective of whether they are the manufacturer of any hardware by means of manufacturer of any hardware by means of which such software applications or which such software applications or services are accessed and should not raise services are accessed and should not raise artificial technical barriers so as to make unjustified technical barriers so as to make switching impossible or ineffective. The switching more difficult, impossible or mere offering of a given product or service ineffective. The mere offering of a given to end users, including by means of pre- product or service to end users, including installation, as well the improvement of by means of pre-installation, as well the end user offering, such as better prices or improvement of end user offering, such as increased quality, would not in itself better prices or increased quality, would constitute a barrier to switching. not in itself constitute a barrier to switching.

Or. en

Amendment 123 Stéphane Séjourné, Adrián Vázquez Lázara

Proposal for a regulation Recital 41

PE695.090v01-00 42/76 AM\1235316EN.docx EN Text proposed by the Commission Amendment

(41) Gatekeepers should not restrict the (41) Gatekeepers should not restrict the free choice of end users by technically free choice of end users by technically preventing switching between or preventing switching between or subscription to different software subscription to different software applications and services. Gatekeepers applications and services. Gatekeepers should therefore ensure a free choice should therefore ensure a free choice irrespective of whether they are the irrespective of whether they are the manufacturer of any hardware by means of manufacturer of any hardware by means of which such software applications or which such software applications or services are accessed and should not raise services are accessed and should not raise artificial technical barriers so as to make artificial technical barriers so as to make switching impossible or ineffective. The switching more cumbersome or mere offering of a given product or service ineffective. The mere offering of a given to end users, including by means of pre- product or service to end users, including installation, as well the improvement of by means of pre-installation, as well the end user offering, such as better prices or improvement of end user offering, such as increased quality, would not in itself better prices or increased quality, would constitute a barrier to switching. not in itself constitute a barrier to switching.

Or. en

Amendment 124 Patrick Breyer

Proposal for a regulation Recital 42

Text proposed by the Commission Amendment

(42) The conditions under which (42) The conditions under which gatekeepers provide online advertising gatekeepers provide targeted online services to business users including both advertising services based on contextual advertisers and publishers are often non- information to business users including transparent and opaque. This opacity is both advertisers and publishers are often partly linked to the practices of a few non-transparent and opaque. This opacity platforms, but is also due to the sheer is partly linked to the practices of a few complexity of modern day programmatic platforms, but is also due to the sheer advertising. The sector is considered to complexity of modern day programmatic have become more non-transparent after advertising. This often leads to a lack of the introduction of new privacy information and knowledge for advertisers legislation, and is expected to become and publishers about the conditions of the even more opaque with the announced advertising services they purchased and removal of third-party cookies. This often undermines their ability to switch to

AM\1235316EN.docx 43/76 PE695.090v01-00 EN leads to a lack of information and alternative providers of online advertising knowledge for advertisers and publishers services. Furthermore, the costs of online about the conditions of the advertising advertising are likely to be higher than they services they purchased and undermines would be in a fairer, more transparent and their ability to switch to alternative contestable platform environment. These providers of online advertising services. higher costs are likely to be reflected in the Furthermore, the costs of online prices that end users pay for many daily advertising are likely to be higher than they products and services relying on the use of would be in a fairer, more transparent and online advertising. Transparency contestable platform environment. These obligations should therefore require higher costs are likely to be reflected in the gatekeepers to provide advertisers and prices that end users pay for many daily publishers to whom they supply targeted products and services relying on the use of online advertising services based on online advertising. Transparency contextual information, when requested obligations should therefore require and to the extent possible, with information gatekeepers to provide advertisers and that allows both sides to understand the publishers to whom they supply online price paid for each of the different advertising services, when requested and to advertising services provided as part of the the extent possible, with information that relevant advertising value chain. allows both sides to understand the price Contextual information may include paid for each of the different advertising keywords, the language setting services provided as part of the relevant communicated by the device of the end advertising value chain. 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.

Or. en

Amendment 125 Andrzej Halicki, Axel Voss, Adam Jarubas, Pascal Arimont

Proposal for a regulation Recital 42

Text proposed by the Commission Amendment

(42) The conditions under which (42) The conditions under which gatekeepers provide online advertising gatekeepers provide online advertising services to business users including both services to business users including both advertisers and publishers are often non- advertisers and publishers are often non- transparent and opaque. This opacity is transparent, complex and opaque. This partly linked to the practices of a few opacity is partly linked to the practices of a platforms, but is also due to the sheer few platforms, but is also due to the sheer complexity of modern day programmatic complexity of modern day programmatic

PE695.090v01-00 44/76 AM\1235316EN.docx EN advertising. The sector is considered to advertising. The sector is considered to have become more non-transparent after have become more non-transparent after the introduction of new privacy legislation, the introduction of new privacy legislation, and is expected to become even more and is expected to become even more opaque with the announced removal of opaque with the announced removal of third-party cookies. This often leads to a third-party cookies. This often leads to a lack of information and knowledge for lack of information and knowledge for advertisers and publishers about the advertisers and publishers about the conditions of the advertising services they conditions of the advertising services they purchased and undermines their ability to purchased and undermines their ability to switch to alternative providers of online switch to alternative providers of online advertising services. Furthermore, the costs advertising services. Furthermore, the costs of online advertising are likely to be higher of online advertising are likely to be higher than they would be in a fairer, more than they would be in a fairer, more transparent and contestable platform transparent and contestable platform environment. These higher costs are likely environment. These higher costs are likely to be reflected in the prices that end users to be reflected in the prices that end users pay for many daily products and services pay for many daily products and services relying on the use of online advertising. relying on the use of online advertising. Transparency obligations should therefore Transparency obligations should therefore require gatekeepers to provide advertisers require gatekeepers to provide advertisers and publishers to whom they supply online and publishers to whom they supply online advertising services, when requested and advertising services, with free of charge, to the extent possible, with information effective, high quality, continuous and that allows both sides to understand the real-time information that allows both price paid for each of the different sides to understand the price paid for each advertising services provided as part of the of the different advertising services relevant advertising value chain. provided as part of the relevant advertising value chain and the availability and visibility of advertisement.

Or. en

Amendment 126 Stéphane Séjourné, Adrián Vázquez Lázara

Proposal for a regulation Recital 42

Text proposed by the Commission Amendment

(42) The conditions under which (42) The conditions under which gatekeepers provide online advertising gatekeepers provide online advertising services to business users including both services to business users including both advertisers and publishers are often non- advertisers and publishers are often non- transparent and opaque. This opacity is transparent and opaque. This opacity is partly linked to the practices of a few partly linked to the practices of a few

AM\1235316EN.docx 45/76 PE695.090v01-00 EN platforms, but is also due to the sheer platforms, but is also due to the sheer complexity of modern day programmatic complexity of modern day programmatic advertising. The sector is considered to advertising. The sector is considered to have become more non-transparent after have become more non-transparent after the introduction of new privacy legislation, the introduction of new privacy legislation, and is expected to become even more and is expected to become even more opaque with the announced removal of opaque with the announced removal of third-party cookies. This often leads to a third-party cookies. This often leads to a lack of information and knowledge for lack of information and knowledge for advertisers and publishers about the advertisers and publishers about the conditions of the advertising services they conditions of the advertising services they purchased and undermines their ability to purchased and undermines their ability to switch to alternative providers of online switch to alternative providers of online advertising services. Furthermore, the costs advertising services. Furthermore, the costs of online advertising are likely to be higher of online advertising are likely to be higher than they would be in a fairer, more than they would be in a fairer, more transparent and contestable platform transparent and contestable platform environment. These higher costs are likely environment. These higher costs are likely to be reflected in the prices that end users to be reflected in the prices that end users pay for many daily products and services pay for many daily products and services relying on the use of online advertising. relying on the use of online advertising. Transparency obligations should therefore Transparency obligations should therefore require gatekeepers to provide advertisers require gatekeepers to provide advertisers and publishers to whom they supply online and publishers to whom they supply online advertising services, when requested and to advertising services, when requested and to the extent possible, with information that the extent possible, with easily accessible allows both sides to understand the price and real-time information that allows both paid for each of the different advertising sides to understand the price paid for each services provided as part of the relevant of the different advertising services advertising value chain. provided as part of the relevant advertising value chain.

Or. en

Amendment 127 Emmanuel Maurel

Proposal for a regulation Recital 43

Text proposed by the Commission Amendment

(43) A gatekeeper may in certain (43) A gatekeeper may in certain circumstances have a dual role as a circumstances have a dual role as a provider of core platform services whereby provider of core platform services whereby it provides a core platform service to its it provides a core platform service to its business users, while also competing with business users, while also competing with

PE695.090v01-00 46/76 AM\1235316EN.docx EN those same business users in the provision those same business users in the provision of the same or similar services or products of the same or similar services or products to the same end users. In these to the same end users, including for circumstances, a gatekeeper may take ancillary services. In these circumstances, advantage of its dual role to use data, a gatekeeper may take advantage of its dual generated from transactions by its business role to use data, generated from users on the core platform, for the purpose transactions by its business users on the of its own services that offer similar core platform or transactions on its services to that of its business users. This ancillary service, for the purpose of its may be the case, for instance, where a own services that offer similar services to gatekeeper provides an online marketplace that of its business users. This may be the or app store to business users, and at the case, for instance, where a gatekeeper same time offer services as an online provides an online marketplace or app retailer or provider of application software store to business users or to its providers, against those business users. To prevent and at the same time offers services as an gatekeepers from unfairly benefitting from online retailer or provider of application their dual role, it should be ensured that software against those business users or its they refrain from using any aggregated or providers. To prevent gatekeepers from non-aggregated data, which may include unfairly benefitting from their dual role, it anonymised and personal data that is not should be ensured that they refrain from publicly available to offer similar services using any aggregated or non-aggregated to those of their business users. This data, which may include anonymised and obligation should apply to the gatekeeper personal data that is not publicly available as a whole, including but not limited to its to offer similar services to those of their business unit that competes with the business users. This obligation should business users of a core platform service. apply to the gatekeeper as a whole, including but not limited to its business unit that competes with the business users of a core platform service or with the provider of an ancillary service.

Or. fr

Amendment 128 Andrzej Halicki, Axel Voss, Adam Jarubas, Geoffroy Didier

Proposal for a regulation Recital 43

Text proposed by the Commission Amendment

(43) A gatekeeper may in certain (43) A gatekeeper may in certain circumstances have a dual role as a circumstances have a dual role as a provider of core platform services whereby provider of core platform services whereby it provides a core platform service to its it provides a core platform service to its business users, while also competing with business users, while also competing with those same business users in the provision those same business users in the provision

AM\1235316EN.docx 47/76 PE695.090v01-00 EN of the same or similar services or products of the same or similar services or products to the same end users. In these to the same end users, including as part of circumstances, a gatekeeper may take an ancillary service. In these advantage of its dual role to use data, circumstances, a gatekeeper may take generated from transactions by its business advantage of its dual role to use data, users on the core platform, for the purpose generated from transactions by its business of its own services that offer similar users on the core platform or from services to that of its business users. This transactions on its ancillary service, for may be the case, for instance, where a the purpose of its own services or goods gatekeeper provides an online marketplace that offer similar services to that of its or app store to business users, and at the business users or of its suppliers. This may same time offer services as an online be the case, for instance, where a retailer or provider of application software gatekeeper provides an online marketplace against those business users. To prevent or app store to business users, and at the gatekeepers from unfairly benefitting from same time offer services as an online their dual role, it should be ensured that retailer or provider of application software they refrain from using any aggregated or against those business users or against its non-aggregated data, which may include suppliers. To prevent gatekeepers from anonymised and personal data that is not unfairly benefitting from their dual role, it publicly available to offer similar services should be ensured that they refrain from to those of their business users. This using any aggregated or non-aggregated obligation should apply to the gatekeeper data, which may include anonymised and as a whole, including but not limited to its personal data that is not publicly available business unit that competes with the to offer similar services to those of their business users of a core platform service. business users. This obligation should apply to the gatekeeper as a whole, including but not limited to its business unit that competes with the business users of a core platform service

Or. en

Amendment 129 Stéphane Séjourné, Adrián Vázquez Lázara

Proposal for a regulation Recital 46

Text proposed by the Commission Amendment

(46) A gatekeeper may use different (46) A gatekeeper may use different means to favour its own services or means to favour its own services or products on its core platform service, to the products on its core platform service, to the detriment of the same or similar services detriment of the same or similar services that end users could obtain through third that end users could obtain through third parties. This may for instance be the case parties. This may for instance be the case where certain software applications or where certain software applications or

PE695.090v01-00 48/76 AM\1235316EN.docx EN services are pre-installed by a gatekeeper. ancillary services are pre-installed by a To enable end user choice, gatekeepers gatekeeper. To enable end user choice, should not prevent end users from un- gatekeepers should not prevent end users installing any pre-installed software from un-installing any pre-installed applications on its core platform service software applications on its core platform and thereby favour their own software service and thereby favour their own applications. software applications.

Or. en

Amendment 130 Andrzej Halicki, Axel Voss, Adam Jarubas, Geoffroy Didier

Proposal for a regulation Recital 47

Text proposed by the Commission Amendment

(47) The rules that the gatekeepers set (47) The rules that the gatekeepers set for the distribution of software applications for the distribution of software applications may in certain circumstances restrict the may in certain circumstances restrict the ability of end users to install and ability of end users to install and effectively use third party software effectively use third party software applications or software application stores applications or software application stores on operating systems or hardware of the on operating systems or hardware of the relevant gatekeeper and restrict the ability relevant gatekeeper and restrict the ability of end users to access these software of end users to access these software applications or software application stores applications or software application stores outside the core platform services of that outside the core platform services of that gatekeeper. Such restrictions may limit the gatekeeper. Such restrictions may limit the ability of developers of software ability of developers of software applications to use alternative distribution applications to use alternative distribution channels and the ability of end users to channels and the ability of end users to choose between different software choose between different software applications from different distribution applications from different distribution channels and should be prohibited as unfair channels and should be prohibited as unfair and liable to weaken the contestability of and liable to weaken the contestability of core platform services. In order to ensure core platform services. In order to ensure that third party software applications or that third party software applications or software application stores do not endanger software application stores do not endanger the integrity of the hardware or operating the integrity of the hardware or operating system provided by the gatekeeper the system provided by the gatekeeper the gatekeeper concerned may implement gatekeeper concerned may implement proportionate technical or contractual proportionate technical or contractual measures to achieve that goal if the measures to achieve that goal if the gatekeeper demonstrates that such gatekeeper demonstrates that such measures are necessary and justified and measures are necessary and justified and

AM\1235316EN.docx 49/76 PE695.090v01-00 EN that there are no less restrictive means to that there are no less restrictive means to safeguard the integrity of the hardware or safeguard the integrity of the hardware or operating system. operating system. This prohibition on restricting the ability of end users to install and use, or access third - party software applications or application stores should not prevent gatekeepers to take the required responsibility in the fight against illegal content online.

Or. en

Amendment 131 Patrick Breyer

Proposal for a regulation Recital 47

Text proposed by the Commission Amendment

(47) The rules that the gatekeepers set (47) The rules that the gatekeepers set for the distribution of software applications for the distribution of software applications may in certain circumstances restrict the may in certain circumstances restrict the ability of end users to install and ability of end users to install and effectively use third party software effectively use third party software applications or software application stores applications or software application stores on operating systems or hardware of the or repositories on operating systems or relevant gatekeeper and restrict the ability hardware of the relevant gatekeeper and of end users to access these software restrict the ability of end users to access applications or software application stores these software applications or software outside the core platform services of that application stores or repositories outside gatekeeper. Such restrictions may limit the the core platform services of that ability of developers of software gatekeeper. Such restrictions may limit the applications to use alternative distribution ability of developers of software channels and the ability of end users to applications to use alternative distribution choose between different software channels and the ability of end users to applications from different distribution choose between different software channels and should be prohibited as unfair applications from different distribution and liable to weaken the contestability of channels and should be prohibited as unfair core platform services. In order to ensure and liable to weaken the contestability of that third party software applications or core platform services. In order to ensure software application stores do not endanger that third party software applications or the integrity of the hardware or operating software application stores do not endanger system provided by the gatekeeper the the integrity of the hardware or operating gatekeeper concerned may implement system provided by the gatekeeper the proportionate technical or contractual gatekeeper concerned may implement measures to achieve that goal if the proportionate technical or contractual

PE695.090v01-00 50/76 AM\1235316EN.docx EN gatekeeper demonstrates that such measures to achieve that goal if the measures are necessary and justified and gatekeeper demonstrates that such that there are no less restrictive means to measures are necessary and justified and safeguard the integrity of the hardware or that there are no less restrictive means to operating system. safeguard the integrity of the hardware or operating system.

Or. en

Amendment 132 Emmanuel Maurel

Proposal for a regulation Recital 47 a (new)

Text proposed by the Commission Amendment

(47a) Gatekeepers should be able to implement proportionate technical or contractual measures to restrict end users’ ability to access any content that is illegal or does not respect intellectual property in the software applications or software application stores of third parties.

Or. fr

Amendment 133 Andrzej Halicki, Axel Voss, Adam Jarubas, Geoffroy Didier

Proposal for a regulation Recital 48

Text proposed by the Commission Amendment

(48) Gatekeepers are often vertically (48) Gatekeepers are often vertically integrated and offer certain products or integrated and offer certain products or services to end users through their own services to end users through their own core platform services, or through a core platform services, or through a business user over which they exercise business user over which they exercise control which frequently leads to conflicts control which frequently leads to conflicts of interest. This can include the situation of interest. This can include the situation whereby a gatekeeper offers its own online whereby a gatekeeper offers its own online intermediation services through an online intermediation services through an online

AM\1235316EN.docx 51/76 PE695.090v01-00 EN search engine. When offering those search engine. When offering those products or services on the core platform products or services on the core platform service, gatekeepers can reserve a better service, gatekeepers can reserve a better position to their own offering, in terms of position to their own offering, in terms of ranking, as opposed to the products of third ranking, as opposed to the products of third parties also operating on that core platform parties also using that core platform service. This can occur for instance with service. This can occur for instance with products or services, including other core products or services, including other core platform services, which are ranked in the platform services, which are ranked within results communicated by online search or along the results communicated by engines, or which are partly or entirely online search engines, or which are partly embedded in online search engines results, or entirely embedded in online search groups of results specialised in a certain engines results, groups of results topic, displayed along with the results of an specialised in a certain topic, displayed online search engine, which are considered along with the results of an online search or used by certain end users as a service engine, which may be considered or used distinct or additional to the online search by certain end users as a service distinct or engine. Other instances are those of additional to the online search engine. software applications which are distributed Such preferential or embedded display of through software application stores, or a separate online intermediation service products or services that are given shall be regarded as a favouring prominence and display in the newsfeed of irrespective of whether the information or a social network, or products or services results within the favoured groups of ranked in search results or displayed on an specialised results may also be provided online marketplace. In those by competing services and are as such circumstances, the gatekeeper is in a dual- ranked in a non-discriminatory way. role position as intermediary for third party Other instances are those of software providers and as direct provider of applications which are distributed through products or services of the gatekeeper. software application stores, or products or Consequently, these gatekeepers have the services that are given prominence and ability to undermine directly the display in the newsfeed of a social contestability for those products or services network, or products or services ranked in on these core platform services, to the search results or displayed on an online detriment of business users which are not marketplace. In those circumstances, the controlled by the gatekeeper. gatekeeper is in a dual-role position as intermediary for third party providers and as direct provider of products or services of the gatekeeper potentially leading to a conflict of interest. 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.

Or. en

PE695.090v01-00 52/76 AM\1235316EN.docx EN Amendment 134 Emmanuel Maurel

Proposal for a regulation Recital 48

Text proposed by the Commission Amendment

(48) Gatekeepers are often vertically (48) Gatekeepers are often vertically integrated and offer certain products or integrated and offer certain products or services to end users through their own services to end users through their own core platform services, or through a core platform services, or through a business user over which they exercise business user over which they exercise control which frequently leads to conflicts control which frequently leads to conflicts of interest. This can include the situation of interest. This can include the situation whereby a gatekeeper offers its own online whereby a gatekeeper offers its own online intermediation services through an online intermediation services through an online search engine. When offering those search engine. When offering those products or services on the core platform products or services on the core platform service, gatekeepers can reserve a better service, gatekeepers can reserve a better position to their own offering, in terms of position to their own offering, in terms of ranking, as opposed to the products of third ranking, as opposed to the products of third parties also operating on that core platform parties also operating on that core platform service. This can occur for instance with service. This can occur for instance with products or services, including other core products or services, including other core platform services, which are ranked in the platform services, which are ranked in the results communicated by online search results communicated by online search engines, or which are partly or entirely engines, or which are partly or entirely embedded in online search engines results, embedded in online search engines results, groups of results specialised in a certain groups of results specialised in a certain topic, displayed along with the results of an topic, displayed along with the results of an online search engine, which are considered online search engine, which are considered or used by certain end users as a service or used by certain end users as a service distinct or additional to the online search distinct or additional to the online search engine. Other instances are those of engine. Other instances are those of software applications which are distributed software applications which are distributed through software application stores, or through software application stores, or products or services that are given products or services that are given prominence and display in the newsfeed of prominence and display in the newsfeed of a social network, or products or services a social network, or products or services ranked in search results or displayed on an ranked in search results or displayed on an online marketplace. In those online marketplace, or products or services circumstances, the gatekeeper is in a dual- to which users are directed following a role position as intermediary for third party voice request by the end user to a digital providers and as direct provider of voice assistant. In those circumstances, the products or services of the gatekeeper. gatekeeper is in a dual-role position as Consequently, these gatekeepers have the intermediary for third party providers and ability to undermine directly the as direct provider of products or services of contestability for those products or services the gatekeeper. Consequently, these

AM\1235316EN.docx 53/76 PE695.090v01-00 EN on these core platform services, to the gatekeepers have the ability to undermine detriment of business users which are not directly the contestability for those controlled by the gatekeeper. products or services on these core platform services, to the detriment of business users which are not controlled by the gatekeeper.

Or. fr

Amendment 135 Stéphane Séjourné, Adrián Vázquez Lázara

Proposal for a regulation Recital 48

Text proposed by the Commission Amendment

(48) Gatekeepers are often vertically (48) Gatekeepers are often vertically integrated and offer certain products or integrated and offer certain products or services to end users through their own services to end users through their own core platform services, or through a core platform services, or through a business user over which they exercise business user over which they exercise control which frequently leads to conflicts control which frequently leads to conflicts of interest. This can include the situation of interest. This can include the situation whereby a gatekeeper offers its own online whereby a gatekeeper offers its own online intermediation services through an online intermediation services through an online search engine. When offering those search engine. When offering those products or services on the core platform products or services on the core platform service, gatekeepers can reserve a better service, gatekeepers can reserve a better position to their own offering, in terms of position or a differentiated treatment to ranking, as opposed to the products of third their own offering, in terms of ranking, as parties also operating on that core platform opposed to the products of third parties service. This can occur for instance with also operating on that core platform products or services, including other core service. This can occur for instance with platform services, which are ranked in the products or services, including other core results communicated by online search platform services, which are ranked in the engines, or which are partly or entirely results communicated by online search embedded in online search engines results, engines, or which are partly or entirely groups of results specialised in a certain embedded in online search engines results, topic, displayed along with the results of an groups of results specialised in a certain online search engine, which are considered topic, displayed along with the results of an or used by certain end users as a service online search engine, which are considered distinct or additional to the online search or used by certain end users as a service engine. Other instances are those of distinct or additional to the online search software applications which are distributed engine. Other instances are those of through software application stores, or software applications which are distributed products or services that are given through software application stores, or prominence and display in the newsfeed of products or services that are given

PE695.090v01-00 54/76 AM\1235316EN.docx EN a social network, or products or services prominence and display in the newsfeed of ranked in search results or displayed on an a social network, or products or services online marketplace. In those ranked in search results or displayed on an circumstances, the gatekeeper is in a dual- online marketplace. In those role position as intermediary for third party circumstances, the gatekeeper is in a dual- providers and as direct provider of role position as intermediary for third party products or services of the gatekeeper. providers and as direct provider of Consequently, these gatekeepers have the products or services of the gatekeeper. ability to undermine directly the Consequently, these gatekeepers have the contestability for those products or services ability to undermine directly the on these core platform services, to the contestability for those products or services detriment of business users which are not on these core platform services, to the controlled by the gatekeeper. detriment of business users which are not controlled by the gatekeeper.

Or. en

Amendment 136 Stéphane Séjourné, Adrián Vázquez Lázara

Proposal for a regulation Recital 49

Text proposed by the Commission Amendment

(49) In such situations, the gatekeeper (49) In such situations, the gatekeeper should not engage in any form of should not engage in any form of differentiated or preferential treatment in differentiated or preferential treatment in ranking on the core platform service, ranking on the core platform service, whether through legal, commercial or whether through legal, commercial or technical means, in favour of products or technical means, in favour of products or services it offers itself or through a services it offers itself or through a business user which it controls. To ensure business user which it cooperates with. To that this obligation is effective, it should ensure that this obligation is effective, it also be ensured that the conditions that should also be ensured that the conditions apply to such ranking are also generally that apply to such ranking are also fair. Ranking should in this context cover generally fair and do not allow the all forms of relative prominence, including gatekeeper’s own services or products to display, rating, linking or voice results. To benefit from competition-relevant ensure that this obligation is effective and information about competing products or cannot be circumvented it should also services. Ranking should in this context apply to any measure that may have an cover all forms of relative prominence, equivalent effect to the differentiated or including among others display, rating, preferential treatment in ranking. The order, linking or voice results. To ensure guidelines adopted pursuant to Article 5 of that this obligation is effective and cannot Regulation (EU) 2019/1150 should also be circumvented it should also apply to any facilitate the implementation and measure that may have an equivalent effect

AM\1235316EN.docx 55/76 PE695.090v01-00 EN enforcement of this obligation.34 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 ______34 Commission Notice: Guidelines on 34 Commission Notice: Guidelines on ranking transparency pursuant to ranking transparency pursuant to Regulation (EU) 2019/1150 of the Regulation (EU) 2019/1150 of the European Parliament and of the Council European Parliament and of the Council (OJ C 424, 8.12.2020, p. 1). (OJ C 424, 8.12.2020, p. 1).

Or. en

Amendment 137 Andrzej Halicki, Axel Voss, Adam Jarubas

Proposal for a regulation Recital 50

Text proposed by the Commission Amendment

(50) Gatekeepers should not restrict or (50) Gatekeepers should not restrict or prevent the free choice of end users by prevent the free choice of end users by technically preventing switching between technically preventing switching between or subscription to different software or subscription to different software applications and services. This would applications and services. This would allow more providers to offer their allow more providers to offer their services, thereby ultimately providing services, thereby ultimately providing greater choice to the end user. Gatekeepers greater choice to the end user. Gatekeepers should ensure a free choice irrespective of should ensure a free choice irrespective of whether they are the manufacturer of any whether they are the manufacturer of any hardware by means of which such software hardware by means of which such software applications or services are accessed and applications or services are accessed and shall not raise artificial technical barriers shall not raise unjustified technical barriers so as to make switching impossible or so as to make switching impossible or ineffective. The mere offering of a given ineffective. The mere offering of a given product or service to consumers, including product or service to consumers, including by means of pre-installation, as well as the by means of pre-installation, as well as the improvement of the offering to end users, improvement of the offering to end users, such as price reductions or increased such as price reductions or increased quality, should not be construed as quality, should not be construed as constituting a prohibited barrier to constituting a prohibited barrier to switching. switching.

PE695.090v01-00 56/76 AM\1235316EN.docx EN Or. en

Amendment 138 Patrick Breyer

Proposal for a regulation Recital 52

Text proposed by the Commission Amendment

(52) Gatekeepers may also have a dual (52) Gatekeepers may also have a dual role as developers of operating systems and role as developers of operating systems and device manufacturers, including any device manufacturers, including any technical functionality that such a device technical functionality that such a device may have. For example, a gatekeeper that may have. For example, a gatekeeper that is a manufacturer of a device may restrict is a manufacturer of a device may restrict access to some of the functionalities in this access to some of the functionalities in this device, such as near-field-communication device, such as near-field-communication technology and the software used to technology and the software used to operate that technology, which may be operate that technology, which may be required for the effective provision of an required for the effective provision of an ancillary service by the gatekeeper as well ancillary service by the gatekeeper as well as by any potential third party provider of as by any potential third party provider of such an ancillary service. Such access may such an ancillary service. Such access may equally be required by software equally be required by software applications related to the relevant applications related to the relevant ancillary services in order to effectively ancillary services in order to effectively provide similar functionalities as those provide similar functionalities as those offered by gatekeepers. If such a dual role offered by gatekeepers. If such a dual role is used in a manner that prevents is used in a manner that prevents end users alternative providers of ancillary services or alternative providers of ancillary or of software applications to have access services or of software applications to have under equal conditions to the same access under equal conditions to the same operating system, hardware or software operating system, hardware or software features that are available or used in the features that are available or used in the provision by the gatekeeper of any provision by the gatekeeper of any ancillary services, this could significantly ancillary services, this could significantly undermine innovation by providers of such undermine innovation by providers of such ancillary services as well as choice for end ancillary services as well as choice for end users of such ancillary services. The users of such ancillary services. The gatekeepers should therefore be obliged to gatekeepers should therefore be obliged to ensure access under equal conditions to, ensure access under equal conditions to, and interoperability with, the same and interoperability with, the same operating system, hardware or software operating system, hardware or software features that are available or used in the features that are available or used in the provision of any ancillary services by the provision of any ancillary services by the gatekeeper. gatekeeper.

AM\1235316EN.docx 57/76 PE695.090v01-00 EN Or. en

Amendment 139 Stéphane Séjourné, Adrián Vázquez Lázara

Proposal for a regulation Recital 53

Text proposed by the Commission Amendment

(53) The conditions under which (53) The conditions under which gatekeepers provide online advertising gatekeepers provide online advertising services to business users including both services to business users including both advertisers and publishers are often non- advertisers and publishers are often non- transparent and opaque. This often leads to transparent and opaque. This often leads to a lack of information for advertisers and a lack of information for advertisers and publishers about the effect of a given ad. publishers about the effect of a given ad. To further enhance fairness, transparency To further enhance fairness, transparency and contestability of online advertising and contestability of online advertising services designated under this Regulation services designated under this Regulation as well as those that are fully integrated as well as those that are fully integrated with other core platform services of the with other core platform services of the same provider, the designated gatekeepers same provider, the designated gatekeepers should therefore provide advertisers and should therefore provide advertisers, publishers, when requested, with free of publishers, or third parties authorised by charge access to the performance advertisers and publishers, when measuring tools of the gatekeeper and the requested, with free of charge, continuous, information necessary for advertisers, detailed, comprehensive, accessible and advertising agencies acting on behalf of a real-time access to the performance company placing advertising, as well as for measuring tools of the gatekeeper and the publishers to carry out their own information necessary, including independent verification of the provision of aggregated data and performance data, the relevant online advertising services. 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.

Or. en

Amendment 140 Patrick Breyer

PE695.090v01-00 58/76 AM\1235316EN.docx EN Proposal for a regulation Recital 53

Text proposed by the Commission Amendment

(53) The conditions under which (53) The conditions under which gatekeepers provide online advertising gatekeepers provide targeted online services to business users including both advertising services based on contextual advertisers and publishers are often non- information to business users including transparent and opaque. This often leads to both advertisers and publishers are often a lack of information for advertisers and non-transparent and opaque. This often publishers about the effect of a given ad. leads to a lack of information for To further enhance fairness, transparency advertisers and publishers about the effect and contestability of online advertising of a given ad. To further enhance fairness, services designated under this Regulation transparency and contestability of online as well as those that are fully integrated advertising services designated under this with other core platform services of the Regulation as well as those that are fully same provider, the designated gatekeepers integrated with other core platform services should therefore provide advertisers and of the same provider, the designated publishers, when requested, with free of gatekeepers should therefore provide charge access to the performance advertisers and publishers, when requested, measuring tools of the gatekeeper and the with free of charge access to the information necessary for advertisers, performance measuring tools of the advertising agencies acting on behalf of a gatekeeper for the purpose of targeted company placing advertising, as well as for digital advertising based on contextual publishers to carry out their own information and the information necessary independent verification of the provision of for advertisers, advertising agencies acting the relevant online advertising services. 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.

Or. en

Amendment 141 Andrzej Halicki, Axel Voss, Adam Jarubas

Proposal for a regulation Recital 54

Text proposed by the Commission Amendment

(54) Gatekeepers benefit from access to (54) Gatekeepers benefit from access to vast amounts of data that they collect while vast amounts of data that they collect while providing the core platform services as providing the core platform services as well as other digital services. To ensure well as other digital services. To ensure

AM\1235316EN.docx 59/76 PE695.090v01-00 EN that gatekeepers do not undermine the that gatekeepers do not undermine the contestability of core platform services as contestability of core platform services as well as the innovation potential of the well as the innovation potential of the dynamic digital sector by restricting the dynamic digital sector by restricting the ability of business users to effectively port ability of business users to effectively port their data, business users and end users their data, business users and end users should be granted effective and immediate should be granted effective, free of charge access to the data they provided or and immediate access to the data they generated in the context of their use of the provided or generated in the context of relevant core platform services of the their use of the relevant core platform gatekeeper, in a structured, commonly used services of the gatekeeper, in a structured, and machine-readable format. This should commonly used and machine-readable apply also to any other data at different format. This should apply also to any other levels of aggregation that may be necessary data at different levels of aggregation that to effectively enable such portability. It may be necessary to effectively enable should also be ensured that business users such portability. It should also be ensured and end users can port that data in real time that business users and end users can port effectively, such as for example through that data in real time effectively, such as high quality application programming for example through high quality interfaces. Facilitating switching or multi- application programming interfaces. homing should lead, in turn, to an Facilitating switching or multi-homing increased choice for business users and end should lead, in turn, to an increased choice users and an incentive for gatekeepers and for business users and end users and an business users to innovate. incentive for gatekeepers and business users to innovate.

Or. en

Amendment 142 Patrick Breyer

Proposal for a regulation Recital 54

Text proposed by the Commission Amendment

(54) Gatekeepers benefit from access to (54) Gatekeepers benefit from access to vast amounts of data that they collect while vast amounts of data that they collect while providing the core platform services as providing the core platform services as well as other digital services. To ensure well as other digital services. To ensure that gatekeepers do not undermine the that gatekeepers do not undermine the contestability of core platform services as contestability of core platform services as well as the innovation potential of the well as the innovation potential of the dynamic digital sector by restricting the dynamic digital sector by restricting the ability of business users to effectively port ability of business users to effectively port their data, business users and end users their data, business users and end users should be granted effective and immediate should be granted effective and immediate

PE695.090v01-00 60/76 AM\1235316EN.docx EN access to the data they provided or access to the data they provided or generated in the context of their use of the generated in the context of their use of the relevant core platform services of the relevant core platform services of the gatekeeper, in a structured, commonly used gatekeeper, in a structured, commonly used and machine-readable format. This should and machine-readable format. This should apply also to any other data at different apply also to any other data at different levels of aggregation that may be necessary levels of aggregation that may be necessary to effectively enable such portability. It to effectively enable portability of end should also be ensured that business users users' data. It should also be ensured that and end users can port that data in real time business users and end users can port that effectively, such as for example through data in real time effectively, such as for high quality application programming example through high quality application interfaces. Facilitating switching or multi- programming interfaces. Facilitating homing should lead, in turn, to an switching or multi-homing should lead, in increased choice for business users and end turn, to an increased choice for business users and an incentive for gatekeepers and users and end users and an incentive for business users to innovate. gatekeepers and business users to innovate.

Or. en

Amendment 143 Patrick Breyer

Proposal for a regulation Recital 55

Text proposed by the Commission Amendment

(55) Business users that use large core (55) Business users that use large core platform services provided by gatekeepers platform services provided by gatekeepers and end users of such business users and end users of such business users provide and generate a vast amount of data, provide and generate a vast amount of data. including data inferred from such use. In In order to ensure that business users have order to ensure that business users have access to the relevant data thus generated, access to the relevant data thus generated, the gatekeeper should, upon their request, the gatekeeper should, upon their request, allow unhindered access, free of charge, to allow unhindered access, free of charge, to aggregated, non-personal data. Such such data. Such access should also be access should also be given to third parties given to third parties contracted by the contracted by the business user, who are business user, who are acting as processors acting as processors of this data for the of this data for the business user. Data business user. Gatekeepers should also provided or generated by the same facilitate access to these data in real time business users and the same end users of by means of appropriate technical these business users in the context of measures, such as for example putting in other services provided by the same place high quality application gatekeeper may be concerned where this programming interfaces. is inextricably linked to the relevant

AM\1235316EN.docx 61/76 PE695.090v01-00 EN 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.

Or. en

Amendment 144 Patrick Breyer

Proposal for a regulation Recital 56

Text proposed by the Commission Amendment

(56) The value of online search engines deleted 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 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-

PE695.090v01-00 62/76 AM\1235316EN.docx EN 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.

Or. en

Amendment 145 Patrick Breyer

Proposal for a regulation Recital 57

Text proposed by the Commission Amendment

(57) In particular gatekeepers which (57) In particular gatekeepers which provide access to software application provide access to software application stores serve as an important gateway for stores, online search engine and online business users that seek to reach end users. social networking service serve as an In view of the imbalance in bargaining important gateway for business users that power between those gatekeepers and seek to reach end users, which can have an business users of their software application adverse effect on the end users' right to stores, those gatekeepers should not be receive and impart information and ideas, allowed to impose general conditions, and ultimately adversely affect media including pricing conditions, that would be pluralism, diversity of opinion as well as unfair or lead to unjustified differentiation. competition. In view of the imbalance in Pricing or other general access conditions bargaining power between those should be considered unfair if they lead to gatekeepers on the one hand, and business an imbalance of rights and obligations users of their software application stores, imposed on business users or confer an especially those being in a minority advantage on the gatekeeper which is position on a given sectorial market, such disproportionate to the service provided by as small press publishers, particularly the gatekeeper to business users or lead to when accessing their online search engine

AM\1235316EN.docx 63/76 PE695.090v01-00 EN a disadvantage for business users in and online social networks, on the other providing the same or similar services as hand, those gatekeepers should not be the gatekeeper. The following benchmarks allowed to impose general conditions, can serve as a yardstick to determine the including pricing conditions, that would be fairness of general access conditions: unfair or lead to unjustified differentiation. prices charged or conditions imposed for Pricing or other general access conditions the same or similar services by other should be considered unfair if they lead to providers of software application stores; an imbalance of rights and obligations prices charged or conditions imposed by imposed on business users or confer an the provider of the software application advantage on the gatekeeper which is store for different related or similar disproportionate to the service provided by services or to different types of end users; the gatekeeper to business users or lead to prices charged or conditions imposed by a disadvantage for business users in the provider of the software application providing the same or similar services as store for the same service in different the gatekeeper. The following benchmarks geographic regions; prices charged or can serve as a yardstick to determine the conditions imposed by the provider of the fairness of general access conditions: software application store for the same prices charged or conditions imposed for service the gatekeeper offers to itself. This the same or similar services by other obligation should not establish an access providers of software application stores; right and it should be without prejudice to prices charged or conditions imposed by the ability of providers of software the provider of the software application application stores to take the required store for different related or similar responsibility in the fight against illegal services or to different types of end users; and unwanted content as set out in prices charged or conditions imposed by Regulation [Digital Services Act]. 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 lead to the opportunity to make the revenue stream of digital content providers, such as press publishers being in a dominant position on their market, 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]. It

PE695.090v01-00 64/76 AM\1235316EN.docx EN should also be without prejudice to the ability of business users being in a minority position on a given sectorial market, such as small press publishers, to offer royalty-free licenses in order to ensure access to their content, visibility on online search engines and online social networking services, and it should be without prejudice to the ability of end- users to perform acts of hyperlinking according to article 15(1) of Directive (EU) 2019/790.

Or. en

Amendment 146 Andrzej Halicki, Axel Voss, Geoffroy Didier, Pascal Arimont

Proposal for a regulation Recital 57

Text proposed by the Commission Amendment

(57) In particular gatekeepers which (57) Gatekeepers which provide access provide access to software application to core platform services serve as an stores serve as an important gateway for important gateway for business users that business users that seek to reach end users. seek to reach end users. In view of the In view of the imbalance in bargaining imbalance in bargaining power between power between those gatekeepers and those gatekeepers and business users of business users of their software application their core platform services, those stores, those gatekeepers should not be gatekeepers should not be allowed to allowed to impose general conditions, impose general conditions, including including pricing conditions, that would be pricing conditions, data usage conditions unfair or lead to unjustified differentiation. or conditions related to the licensing of Pricing or other general access conditions rights held by the business user that would should be considered unfair if they lead to be unfair or lead to unjustified an imbalance of rights and obligations differentiation. Pricing or other general imposed on business users or confer an access or treatment conditions should be advantage on the gatekeeper which is considered unfair if they lead to an disproportionate to the service provided by imbalance of rights and obligations the gatekeeper to business users or lead to imposed on business users or confer an a disadvantage for business users in advantage on the gatekeeper which is providing the same or similar services as disproportionate to the service provided by the gatekeeper. The following benchmarks the gatekeeper to business users or lead to can serve as a yardstick to determine the a disadvantage for business users in fairness of general access conditions: providing the same or similar services as prices charged or conditions imposed for the gatekeeper. The following benchmarks

AM\1235316EN.docx 65/76 PE695.090v01-00 EN the same or similar services by other can serve as a yardstick to determine the providers of software application stores; fairness of general access or treatment prices charged or conditions imposed by conditions: prices charged or conditions the provider of the software application imposed for the same or similar services by store for different related or similar other providers of core platform services; services or to different types of end users; prices charged or conditions imposed by prices charged or conditions imposed by the provider of core platform services for the provider of the software application different related or similar services or to store for the same service in different different types of end users; prices charged geographic regions; prices charged or or conditions imposed by the provider of conditions imposed by the provider of the core platform services for the same service software application store for the same in different geographic regions; prices service the gatekeeper offers to itself. This charged or conditions imposed by the obligation should not establish an access provider of core platform services for the right and it should be without prejudice to same service the gatekeeper offers to itself. the ability of providers of software This obligation should not establish an application stores to take the required access right and it should be without responsibility in the fight against illegal prejudice to the ability of providers of core and unwanted content as set out in platform services to take the required Regulation [Digital Services Act]. responsibility in the fight against illegal and unwanted content as set out in Regulation [Digital Services Act].

Or. en

Amendment 147 Stéphane Séjourné, Adrián Vázquez Lázara

Proposal for a regulation Recital 58 a (new)

Text proposed by the Commission Amendment

(58a) During the implementation period of three months, designated gatekeepers should inform the Commission about what they intend to implement and how, in order to ensure effective compliance with their obligations. Such information should be made available to concerned third parties of undertakings, taking into account the protection of trade secrets of designated gatekeepers.

Or. en

PE695.090v01-00 66/76 AM\1235316EN.docx EN Amendment 148 Andrzej Halicki, Axel Voss

Proposal for a regulation Recital 60

Text proposed by the Commission Amendment

(60) In exceptional circumstances (60) In exceptional circumstances justified on the limited grounds of public justified on the limited grounds of public morality, public health or public security, health and security, public health or public the Commission should be able to decide security, the Commission should be able to that the obligation concerned does not decide that the obligation concerned does apply to a specific core platform service. not apply to a specific core platform Affecting these public interests can service. Affecting these public interests can indicate that the cost to society as a whole indicate that the cost to society as a whole of enforcing a certain obligation would in a of enforcing a certain obligation would in a certain exceptional case be too high and certain exceptional case be too high and thus disproportionate. The regulatory thus disproportionate. The regulatory dialogue to facilitate compliance with dialogue to facilitate compliance with limited suspension and exemption limited suspension and exemption possibilities should ensure the possibilities should ensure the proportionality of the obligations in this proportionality of the obligations in this Regulation without undermining the Regulation without undermining the intended ex ante effects on fairness and intended ex ante effects on fairness and contestability. contestability. Where such an exemption is granted, the Commission should review its decision every two years.

Or. en

Amendment 149 Andrzej Halicki, Axel Voss, Adam Jarubas

Proposal for a regulation Recital 62

Text proposed by the Commission Amendment

(62) In order to ensure the full and (62) In order to ensure the full and lasting achievement of the objectives of lasting achievement of the objectives of this Regulation, the Commission should be this Regulation, the Commission should be able to assess whether a provider of core able to assess whether a provider of core platform services should be designated as a platform services should be designated as a gatekeeper without meeting the gatekeeper without meeting the quantitative thresholds laid down in this quantitative thresholds laid down in this Regulation; whether systematic non- Regulation; whether systematic non-

AM\1235316EN.docx 67/76 PE695.090v01-00 EN compliance by a gatekeeper warrants compliance by a gatekeeper warrants imposing additional remedies; and whether imposing additional remedies; and whether the list of obligations addressing unfair the list of obligations addressing unfair practices by gatekeepers should be practices by gatekeepers should be reviewed and additional practices that are reviewed and, if necessary, additional similarly unfair and limiting the practices that are similarly unfair and contestability of digital markets should be limiting the contestability of digital identified. Such assessment should be markets should be identified. Such based on market investigations to be run in assessment should be based on market an appropriate timeframe, by using clear investigations to be run in an appropriate procedures and deadlines, in order to timeframe, by using clear procedures and support the ex ante effect of this deadlines, in order to support the ex ante Regulation on contestability and fairness in effect of this Regulation on contestability the digital sector, and to provide the and fairness in the digital sector, and to requisite degree of legal certainty. provide the requisite degree of legal certainty.

Or. en

Amendment 150 Andrzej Halicki, Axel Voss

Proposal for a regulation Recital 64

Text proposed by the Commission Amendment

(64) The Commission should investigate (64) The Commission should investigate and assess whether additional behavioural, and assess whether additional behavioural, or, where appropriate, structural remedies or, where appropriate, structural remedies are justified, in order to ensure that the are justified, in order to ensure that the gatekeeper cannot frustrate the objectives gatekeeper cannot frustrate the objectives of this Regulation by systematic non- of this Regulation by systematically not compliance with one or several of the complying with one or several of the obligations laid down in this Regulation, obligations laid down in this Regulation. which has further strengthened its The Commission should therefore in such gatekeeper position. This would be the cases of systematic non-compliance have case if the gatekeeper’s size in the internal the power to impose any remedy, whether market has further increased, economic behavioural or structural, that is necessary dependency of business users and end to ensure effective compliance with this users on the gatekeeper’s core platform Regulation. 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,

PE695.090v01-00 68/76 AM\1235316EN.docx EN 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.

Or. en

Amendment 151 Stéphane Séjourné, Adrián Vázquez Lázara

Proposal for a regulation Recital 64

Text proposed by the Commission Amendment

(64) The Commission should investigate (64) The Commission should investigate and assess whether additional behavioural, and assess whether additional behavioural, or, where appropriate, structural remedies or, where appropriate, structural remedies are justified, in order to ensure that the are justified, in order to ensure that the gatekeeper cannot frustrate the objectives gatekeeper cannot frustrate the objectives of this Regulation by systematic non- of this Regulation by systematic non- compliance with one or several of the compliance with one or several of the obligations laid down in this Regulation, obligations laid down in this Regulation. which has further strengthened its The Commission should therefore in such gatekeeper position. This would be the cases have the power to impose any case if the gatekeeper’s size in the internal remedy, whether behavioural or structural, market has further increased, economic having due regard to the principle of dependency of business users and end proportionality. Structural remedies, such users on the gatekeeper’s core platform as legal, functional or structural separation, services has further strengthened as their including the divestiture of a business, or number has further increased and the parts of it, should only be imposed either gatekeeper benefits from increased where there is no equally effective

AM\1235316EN.docx 69/76 PE695.090v01-00 EN entrenchment of its position. The behavioural remedy or where any equally Commission should therefore in such cases effective behavioural remedy would be have the power to impose any remedy, more burdensome for the undertaking whether behavioural or structural, having concerned than the structural remedy. due regard to the principle of Changes to the structure of an undertaking proportionality. Structural remedies, such as it existed before the systematic non- as legal, functional or structural separation, compliance was established would only be including the divestiture of a business, or proportionate where there is a substantial parts of it, should only be imposed either risk that this systematic non-compliance where there is no equally effective results from the very structure of the behavioural remedy or where any equally undertaking concerned. 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.

Or. en

Amendment 152 Stéphane Séjourné, Adrián Vázquez Lázara

Proposal for a regulation Recital 65 a (new)

Text proposed by the Commission Amendment

(65a) In case of urgency where a risk of serious and immediate damage for business users or end-users of gatekeepers could result from new practices that may undermine contestability of core platform services or may be unfair, it is also important to ensure that the Commission can implement interim measures and thus temporarily impose obligations to the gatekeeper concerned. These interim measures should be proportionate and limited to what is necessary and justified. They should apply pending the conclusion of the market investigation and the corresponding final decision of the

PE695.090v01-00 70/76 AM\1235316EN.docx EN Commission.

Or. en

Amendment 153 Stéphane Séjourné, Adrián Vázquez Lázara

Proposal for a regulation Recital 67

Text proposed by the Commission Amendment

(67) Where, in the course of a (67) Where, in the course of a proceeding into non-compliance or an proceeding into non-compliance or an investigation into systemic non- investigation into systemic non- compliance, a gatekeeper offers compliance, a gatekeeper offers commitments to the Commission, the latter commitments to the Commission, the latter should be able to adopt a decision making should be able to adopt a decision making these commitments binding on the these commitments binding on the gatekeeper concerned, where it finds that gatekeeper concerned, where it finds that the commitments ensure effective the commitments ensure effective compliance with the obligations of this compliance with the obligations of this Regulation. This decision should also find Regulation. The Commission should, that there are no longer grounds for where appropriate, be entitled to require action by the Commission. the commitments to be tested, including A/B tested in order to optimise their effectiveness. The commitments should be reviewed after they have been in place for an appropriate period. Should the review of the commitments by the Commission show that they have not led to effective compliance, the Commission shall be entitled to require their amendment or revoke them;

Or. en

Amendment 154 Stéphane Séjourné, Adrián Vázquez Lázara

Proposal for a regulation Recital 70

AM\1235316EN.docx 71/76 PE695.090v01-00 EN Text proposed by the Commission Amendment

(70) The Commission should be able to (70) The Commission should be able to directly request that undertakings or directly request that undertakings or association of undertakings provide any association of undertakings provide any relevant evidence, data and information. In relevant evidence, data and information. In addition, the Commission should be able to addition, the Commission should be able to request any relevant information from any request any relevant information from any public authority, body or agency within the public authority, body or agency within the Member State, or from any natural person Member State, or from any natural person or legal person for the purpose of this or legal person for the purpose of this Regulation. When complying with a Regulation. Those public authorities, decision of the Commission, undertakings bodies or agencies within Member States are obliged to answer factual questions and should have the possibility, on their own to provide documents. initiative, to provide the Commission with relevant information. When complying with a decision of the Commission, undertakings are obliged to answer factual questions and to provide documents.

Or. en

Amendment 155 Emmanuel Maurel

Proposal for a regulation Recital 72

Text proposed by the Commission Amendment

(72) The Commission should be able to (72) The Commission should be able to take the necessary actions to monitor the take the necessary actions to monitor the effective implementation and compliance effective implementation and compliance with the obligations laid down in this with the obligations laid down in this Regulation. Such actions should include Regulation. Such actions should include the ability of the Commission to appoint the ability of the Commission to appoint independent external experts, such as and independent external experts, such as and auditors to assist the Commission in this auditors to assist the Commission in this process, including where applicable from process, including where applicable from competent independent authorities, such as competent independent authorities, such as data or consumer protection authorities. data or consumer protection authorities. The Commission may require gatekeepers to provide independent experts with continuous access to data and algorithms in order to enforce the obligations laid down in Articles 5 and 6 of this

PE695.090v01-00 72/76 AM\1235316EN.docx EN Regulation.

Or. fr

Amendment 156 Emmanuel Maurel

Proposal for a regulation Recital 75

Text proposed by the Commission Amendment

(75) In the context of proceedings (75) In the context of proceedings carried out under this Regulation, the carried out under this Regulation, the undertakings concerned should be undertakings concerned should be accorded the right to be heard by the accorded the right to be heard by the Commission and the decisions taken Commission and the decisions taken should be widely publicised. While should be widely publicised. While ensuring the rights to good administration ensuring the rights to good administration and the rights of defence of the and the rights of defence of the undertakings concerned, in particular, the undertakings concerned, in particular, the right of access to the file and the right to be right of access to the file and the right to be heard, it is essential that confidential heard, it is essential that confidential information be protected. Furthermore, information be protected. Furthermore, while respecting the confidentiality of the while respecting the confidentiality of the information, the Commission should information, the Commission should ensure that any information relied on for ensure that any information relied on for the purpose of the decision is disclosed to the purpose of the decision is disclosed to an extent that allows the addressee of the an extent that allows the addressee of the decision to understand the facts and decision to understand the facts and considerations that led up to the decision. considerations that led up to the decision. Finally, under certain conditions certain Finally, under certain conditions certain business records, such as communication business records, such as communication between lawyers and their clients, may be between lawyers and their clients, may be considered confidential if the relevant considered confidential if the relevant conditions are met. conditions are met. Parties directly concerned by the obligations laid down in Articles 5 and 6 should be considered to have an interest and should therefore be able to be heard. Where a procedure concerns products or services used by end consumers, the consumer associations should be considered to have a sufficient interest.

Or. fr

AM\1235316EN.docx 73/76 PE695.090v01-00 EN Amendment 157 Emmanuel Maurel

Proposal for a regulation Recital 77

Text proposed by the Commission Amendment

(77) The advisory committee established (77) The advisory committee established in accordance with Regulation (EU) No in accordance with Regulation (EU) No 182//2011 should also deliver opinions on 182//2011 should also deliver opinions on certain individual decisions of the certain individual decisions of the Commission issued under this Regulation. Commission issued under this Regulation. In order to ensure contestable and fair The Commission should involve in this markets in the digital sector across the advisory committee third parties Union where gatekeepers are present, the representing affected end users. In order power to adopt acts in accordance with to ensure contestable and fair markets in Article 290 of the Treaty should be the digital sector across the Union where delegated to the Commission to gatekeepers are present, the power to adopt supplement this Regulation. In particular, acts in accordance with Article 290 of the delegated acts should be adopted in respect Treaty should be delegated to the of the methodology for determining the Commission to supplement this quantitative thresholds for designation of Regulation. In particular, delegated acts gatekeepers under this Regulation and in should be adopted in respect of the respect of the update of the obligations laid methodology for determining the down in this Regulation where, based on a quantitative thresholds for designation of market investigation the Commission has gatekeepers under this Regulation and in identified the need for updating the respect of the update of the obligations laid obligations addressing practices that limit down in this Regulation where, based on a the contestability of core platform services market investigation the Commission has or are unfair. It is of particular importance identified the need for updating the that the Commission carries out obligations addressing practices that limit appropriate consultations and that those the contestability of core platform services consultations be conducted in accordance or are unfair. It is of particular importance with the principles laid down in the that the Commission carries out Interinstitutional Agreement on Better appropriate consultations and that those Law-Making of 13 April 201636. In consultations be conducted in accordance particular, to ensure equal participation in with the principles laid down in the the preparation of delegated acts, the Interinstitutional Agreement on Better European Parliament and the Council Law-Making of 13 April 201636. In receive all documents at the same time as particular, to ensure equal participation in Member States' experts, and their experts the preparation of delegated acts, the systematically have access to meetings of European Parliament and the Council Commission expert groups dealing with the receive all documents at the same time as preparation of delegated acts. Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the

PE695.090v01-00 74/76 AM\1235316EN.docx EN preparation of delegated acts. ______36 Interinstitutional Agreement between the 36 Interinstitutional Agreement between the European Parliament, the Council of the European Parliament, the Council of the European Union and the European European Union and the European Commission on Better Law-Making (OJ L Commission on Better Law-Making (OJ L 123, 12.5.2016, p.1). 123, 12.5.2016, p.1).

Or. fr

Amendment 158 Emmanuel Maurel

Proposal for a regulation Recital 78 a (new)

Text proposed by the Commission Amendment

(78a) Gatekeepers often highlight sponsored search results, or elements promoting their own products and services, and limit the display of organic results.

Or. fr

Amendment 159 Daniel Buda

Proposal for a regulation Recital 79 – introductory part

Text proposed by the Commission Amendment

(79) The objective of this Regulation is (79) The objective of this Regulation is to ensure a contestable and fair digital to ensure a contestable and fair digital sector in general and core platform services sector in general and accessible core in particular, with a view to promoting platform services in particular, with a view innovation, high quality of digital products to promoting and stimulating innovation, and services, fair and competitive prices, as high quality of digital products and well as a high quality and choice for end services, fair and competitive prices, as users in the digital sector. This cannot be well as a high quality and choice for end sufficiently achieved by the Member users in the digital sector, within a States, but can only, by reason of the harmonised digital market. This cannot be

AM\1235316EN.docx 75/76 PE695.090v01-00 EN business model and operations of the sufficiently achieved by the Member gatekeepers and the scale and effects of States, but can only, by reason of the their operations, be fully achieved at Union business model and operations of the level. The Union may adopt measures, in gatekeepers and the scale and effects of accordance with the principle of their operations, as well as the need to subsidiarity as set out in Article 5 of the maintain the right balance on the digital Treaty on European Union. In accordance market while pursuing the objective of with the principle of proportionality, as set stimulating innovation, be fully achieved out in that Article, this Regulation does not at Union level. The Union may adopt go beyond what is necessary in order to measures, in accordance with the principle achieve that objective. of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

Or. ro

Amendment 160 Patrick Breyer

Proposal for a regulation Recital 79 – point 1

Text proposed by the Commission Amendment

This Regulation respects the fundamental This Regulation respects the fundamental rights and observes the principles rights and observes the principles recognised in particular by the Charter of recognised in particular by the Charter of Fundamental Rights of the European Fundamental Rights of the European Union, in particular Articles 16, 47 and 50 Union, in particular Articles 11, 16, 47 and thereof. Accordingly, this Regulation 50 thereof. Accordingly, this Regulation should be interpreted and applied with should be interpreted and applied with respect to those rights and principles respect to those rights and principles

Or. en

PE695.090v01-00 76/76 AM\1235316EN.docx EN