ANNEX I
FORM RELATING TO THE NOTIFICATION PURSUANT TO ARTICLE 3(3) OF REGULATION (EU) 2022/1925 FOR THE PURPOSES OF GATEKEEPER DESIGNATION (“Form GD”)
SECTION 1
Information about the notifying undertaking
1.1.
Provide the following information about the notifying undertaking:
1.1.1.
name of undertaking;
1.1.2.
a description of the corporate structure of the notifying undertaking, including the identity of: (i) the entities that operate each of the core platform services identified under Section 2.1.1 below and (ii) the entities solely or jointly controlling, directly or indirectly, the former entities ( 1 ) ; and
1.1.3.
contact details, including:
1.1.3.1.
name, address, telephone number and email address of, and position held by, the appropriate contact person; the address given must be an address for service to which documents and, in particular, Commission decisions and other procedural documents may be notified, and the contact person given must be deemed to be authorised to accept service;
1.1.3.2.
if one or more authorised external representatives of the undertaking are appointed, the representative or representatives to which documents and, in particular, Commission decisions and other procedural documents may be notified; the name, address, telephone number and email address of, and position held by each representative; and the original written proof that each representative is authorised to act (based on the model Power of Attorney available on the Commission’s website).
1.2.
Indicate whether the notifying undertaking has previously been designated as a gatekeeper under Regulation (EU) 2022/1925. If yes, specify the core platform services concerned by the designation and the number and date of the Commission’s designation decision.
SECTION 2
Information about core platform services
For the purposes of this Form GD, a plausible alternative delineation of a core platform service is a delineation of that core platform service which is different in scope from the delineation that the notifying undertaking considers relevant and which is plausible in light of all relevant provisions of Regulation (EU) 2022/1925, in particular Section D, paragraph 2, and Section E of the Annex and recital 14 of that Regulation.
Plausible alternative delineations of a core platform service may include: (i) delineations that are broader in scope than that which the notifying undertaking considers relevant (for example, where the notifying undertaking considers certain services as distinct core platform services on the ground that they are provided across different types of devices), or (ii) delineations that are narrower in scope than that which the notifying undertaking considers relevant (for example, where the notifying undertaking considers certain services that it offers and markets separately to form part of a single core platform service).
2.1.
For each relevant category of core platform services listed in Article 2, point (2), of Regulation (EU) 2022/1925, provide:
2.1.1.
an exhaustive list of all core platform services provided by the notifying undertaking, including any plausible alternative delineation of each of these core platform services; and
2.1.2.
a detailed explanation of the boundaries between the distinct core platform services, including the manner in which the methodology set out in Section D, paragraph 2, and Section E of the Annex to Regulation (EU) 2022/1925, having regard to all relevant provisions of that Regulation, in particular recital 14, has been applied for the purposes of identifying distinct core platform services and plausible alternative delineations of these core platform services.
2.2.
For all core platform services provided by the notifying undertaking, indicate on the basis of the information provided under Sections 4.1 and 4.2 of this Form:
2.2.1.
which core platform services, according to any plausible alternative delineation, meet the thresholds in Article 3(2), points (b) and (c), of Regulation (EU) 2022/1925; and
2.2.2.
which core platform services, according to any plausible alternative delineation, meet the thresholds in Article 3(2), point (b), but not point (c) of Regulation (EU) 2022/1925.
2.3.
For each core platform service provided by the notifying undertaking that meets the thresholds in Article 3(2), point (b), of Regulation (EU) 2022/1925, according to any plausible alternative delineation, provide a brief description of the notifying undertaking’s activities in that respect, including the nature of its business, its main subsidiaries, brands, product names, trademarks.
2.4.
Indicate whether, in accordance with Article 3(5) of Regulation (EU) 2022/1925, the notifying undertaking is presenting, with its notification, sufficiently substantiated arguments to demonstrate that, exceptionally, although it meets all the thresholds in Article 3(2) of that Regulation, due to the circumstances in which the relevant core platform service operates, it does not satisfy the requirements of Article 3(1) of that Regulation. If yes, please specify the relevant core platform services and refer to the respective annexes.
SECTION 3
Information relating to the quantitative thresholds in Article 3(2), point (a), of Regulation (EU) 2022/1925
Provide the following information regarding the notifying undertaking:
3.1.
its annual turnover in the Union in each of the last three financial years; ( 2 )
3.2.
its average market capitalisation or its equivalent fair market value in the last financial year;
3.3.
for each core platform service provided by the notifying undertaking, according to any plausible alternative delineation, a list of the Member States in which it provides that service;
3.4.
precise and succinct explanations about the methodology used to arrive at the information provided under Sections 3.1 to 3.3 of this Form.
SECTION 4
Information relating to the quantitative thresholds in Article 3(2), points (b) and (c), of Regulation (EU) 2022/1925
For each core platform service provided by the notifying undertaking, according to any plausible alternative delineation, that meets the thresholds in Article 3(2), point (b), of Regulation (EU) 2022/1925, provide the following information separately, in accordance with the methodology and indicators set out in Sections A, B, C and D and E, of the Annex to Regulation (EU) 2022/1925:
4.1.
the number of monthly active end users ( 3 ) established or located in the Union in each of the last three financial years;
4.2.
the number of yearly active business users established in the Union in each of the last three financial years;
4.3.
precise and succinct explanations about the methodology used to determine the information provided under Sections 4.1 and 4.2 of this Form;
4.4.
any external reports and internal documents relied on to determine the information provided under Sections 4.1 and 4.2 of this Form.
SECTION 5
Declaration
The notification must conclude with the following declaration which is to be signed by or on behalf of the notifying undertaking:
‘The notifying undertaking declares that, to the best of its knowledge and belief, the information given in this notification, including in its annexes, is correct, complete and non-misleading, that truthful and complete copies of documents required by the Form have been supplied, that all estimates are identified as such and are its best estimates of the underlying facts, and that all the opinions expressed are sincere. It is aware of the provisions of Article 30(3)(a) of Regulation (EU) 2022/1925.’
For digitally signed forms, the following field is for information purposes only. It should correspond to the metadata of the corresponding electronic signature.
Date:
[signatory]
Name:
Organisation:
Position:
Address:
Phone number:
Email:
[“e-signed”/signature]
( 1 ) On the definition of “undertaking” and “control” see Article 2, points (27) and (28), of Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) ( OJ L 265, 12.10.2022, p. 1 ).
( 2 ) On the calculation of turnover see Commission Consolidated Jurisdictional Notice under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings ( OJ C 95, 16.4.2008, p. 1 ).
( 3 ) As provided for in Section B, paragraph 2, of the Annex to Regulation (EU) 2022/1925, monthly active end users shall refer to the average number of monthly active end users throughout the largest part of the financial year.
