- Recital 1 – Role of digital services
- Recital 2 – Characteristics of core platform services
- Recital 3 – Characteristics of gatekeepers
- Recital 4 – Market effects of gatekeeper characteristics
- Recital 5 – Limitations of existing competition law
- Recital 6 – Gatekeepers’ impact on the internal market
- Recital 7 – Purpose of the DMA to contribute to the proper functioning of the internal market
- Recital 8 – Harmonisation
- Recital 9 – National rules and public interest
- Recital 10 – Interplay with national competition rules
- Recital 11 – Objective of the DMA (fairness and contestability) and relation to Articles 101 and 102 TFEU
- Recital 12 – Interplay with GDPR, e-Privacy Directive and other EU laws
- Recital 13 – Focus on gatekeepers’ weak contestability and unfair practices
- Recital 14 – Types of core platform services
- Recital 15 – Gateways and core platform services in scope
- Recital 16 – Designation as gatekeepers
- Recital 17 – Assessing significant impact on the internal market
- Recital 18 – Significance of an undertaking’s market capitalisation (1/2)
- Recital 19 – Significance of an undertaking’s market capitalisation (2/2)
- Recital 20 – Calculating active end users and business users
- Recital 21 – Meaning of an entrenched and durable position in the internal market
- Recital 22 – Commission’s power to determine quantitative thresholds
- Recital 23 – Rebutting the presumption of having a significant impact on the internal market
- Recital 24 – Medium-sized, small and micro enterprises
- Recital 25 – Market investigations
- Recital 26 – Intervention to prevent future entrenched and durable market positions (1/2)
- Recital 27 – Intervention to prevent future entrenched and durable market positions (2/2)
- Recital 28 – Proportionality
- Recital 29 – Gatekeepers’ compliance and Commission’s implementing measures
- Recital 30 – Regular review of gatekeeper status
- Recital 31 – Clarity of harmonised rules
- Recital 32 – Meaning of “contestability”
- Recital 33 – Meaning of “fairness”
- Recital 34 – Interplay between “contestability” and “fairness”
- Recital 35 – Relevance of public policy concerns
- Recital 36 – Processing of personal data
- Recital 37 – Provision of a less personalised alternative service and consent
- Recital 38 – Protection of minors
- Recital 39 – Gatekeepers’ imposition of contractual terms and conditions on business users
- Recital 40 – Business users and end users’ freedom to conduct business
- Recital 41 – Restricting end users’ freedom to use alternatives to the core platform service
- Recital 42 – Safeguarding the rights of end users, business users and whistle-blowers
- Recital 43 – Gatekeepers’ imposition of dependencies on business users like payment systems and browsers
- Recital 44 – Subscriptions and registration requirements
- Recital 45 – Online advertising and transparency for business users
- Recital 46 – Dual role of gatekeepers as providers and competitors of business users (1/2)
- Recital 47 – Dual role of gatekeepers as providers and competitors of business users (2/2)
- Recital 48 – Cloud computing services and business users
- Recital 49 – Gatekeepers’ favouring of their own services such as pre-installed applications
- Recital 50 – Restrictions on end users’ ability to install and use third party software
- Recital 51 – Vertical integration of gatekeepers (1/2)
- Recital 52 – Vertical integration of gatekeepers (2/2)
- Recital 53 – Restricting end users free choices
- Recital 54 – Restricting end users access to online content and services
- Recital 55 – Interoperability
- Recital 56 – Gatekeepers’ dual role as developers of operating systems and device manufacturers
- Recital 57 – Gatekeepers’ dual role and interoperability
- Recital 58 – Gatekeepers’ provision of online advertising services
- Recital 59 – End users’ access to data collected by gatekeepers and data portability
- Recital 60 – Business users’ access to data collected by gatekeepers
- Recital 61 – Online search engines
- Recital 62 – Conditions of access for software application stores, online search engines and online social networking services
- Recital 63 – Account closure and unsubscribing
- Recital 64 – Interoperability of number-independent interpersonal communication services
- Recital 65 – Compliance by design
- Recital 66 – Gatekeepers’ opportunity to request suspension of a specific obligation
- Recital 67 – Suspension of specific obligations on public health or public security grounds
- Recital 68 – Compliance reporting to the Commission
- Recital 69 – Investigations to amend the scope of the DMA
- Recital 70 – Anti-circumvention of the DMA’s obligations
- Recital 71 – Notification requirement to the Commission
- Recital 72 – Data protection, profiling and transparency
- Recital 73 – Commission’s additional powers to achieve effective compliance with the DMA
- Recital 74 – Commission’s review of emerging gatekeepers
- Recital 75 – Commission’s power to impose additional behavioural or structural remedies
- Recital 76 – Gatekeepers’ offer of commitments to the Commission
- Recital 77 – Review of lists of core platform services and DMA obligations must be regular and adapt to technological advances
- Recital 78 – Commission’s power to enact delegated acts (1/2)
- Recital 79– Commission’s power to enact delegated acts (2/2)
- Recital 80 – Commission’s investigative and enforcement powers
- Recital 81 – Commission’s power to request information (1/2)
- Recital 82 – Commission’s power to request information (2/2)
- Recital 83 – Commission’s power to conduct inspections and interviews
- Recital 84 – Commission’s power to order interim measures
- Recital 85 – Commission’s power to appoint independent external experts and auditors for compliance monitoring
- Recital 86 – Fines and periodic penalty payments
- Recital 87 – Solvency and payment of fines
- Recital 88 – Right to good administration, right of access to the file, right to be heard and confidentiality
- Recital 89 – Publications and protection of trade secrets
- Recital 90 – Cooperation between the Commission and national authorities
- Recital 91 – National competent competition authorities’ investigations into possible non-compliance by gatekeepers and coordination with the Commission
- Recital 92 – National courts’ ability to request information from the Commission
- Recital 93 – Expertise of a dedicated high-level group
- Recital 94 – Court of Justice’s unlimited jurisdiction in respect of fines and penalty payments
- Recital 95 – Commission’s power to issue guidelines
- Recital 96 – Commission’s power to request standardisation of data access, portability and interoperability
- Recital 97 – Commission’s power to adopt delegated acts (1/2)
- Recital 98 – Commission’s power to adopt delegated acts (2/2)
- Recital 99 – Commission’s implementing powers (1/2)
- Recital 100 – Commission’s implementing powers (2/2)
- Recital 101 – Advisory committee
- Recital 102 – Protection of whistle-blowers
- Recital 103 – Directive on the protection of persons reporting breaches of Union law
- Recital 104 – Representative actions
- Recital 105 – Commission’s periodic evaluation of the DMA and its effects
- Recital 106 – Resources and staffing for Commission’s enforcement
- Recital 107 – Achieving the DMA’s objective at Union-level
- Recital 108 – Consultation with the European Data Protection Supervisor
- Recital 109 – Relation to the Charter of Fundamental Rights
Recital 34
Interplay between “contestability” and “fairness”*
Contestability and fairness are intertwined. The lack of, or weak, contestability for a certain service can enable a gatekeeper to engage in unfair practices. Similarly, unfair practices by a gatekeeper can reduce the possibility of business users or others to contest the gatekeeper’s position. A particular obligation in this Regulation may, therefore, address both elements.
* This title is an unofficial description.