main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters.” These parameters must be drafted “in a clear and intelligible manner, which is easily and publicly available on the online search engines they provide.” Article 5 concludes in paragraph 7 that “In order to facilitate compliance by online intermediation service providers and online search engine providers with the requirements of this Article, the Commission shall accompany the transparency requirements set out in this Article with guidelines. Also, the latest Digital Markets Act25-26 addresses the issue right from the outset in its recital (14), where it points out that “online intermediation services, online search engines, operating systems, online social networking, video sharing platform services, number-independent interpersonal communication services, cloud computing services, virtual assistants, web browsers and online advertising services, including advertising intermediation services, all have the capacity to affect a large number of end users and businesses, which entails a risk of unfair business practices.” On this point, recital (51) of the Digital Markets Act even raises the possibility that the service provider itself may be in competition with other economic agents, professional users of its services, when it states that “When offering those products or services on the core platform service, gatekeepers can reserve a better position, in terms of ranking, and related indexing and crawling, for their own offering than that of the products or services of third parties also operating on that core platform service. This can occur for instance with products or services, including other core platform services, which are ranked in the results communicated by online search engines, or which are partly or entirely embedded in online search engines results, groups of results specialised in a certain topic, displayed along with the results of an online search engine, which are considered or used by certain end users as a service distinct or additional to the online search engine.” Considering precisely the risk to competition that this practice of ranking third-party products and services may pose, Article 6(5) of this regulation 25 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). 26 About the impacts and purposes of this regulation read FERREIRA, Ana Miguel; SOUSA, Gabriela, O novo regulamento dos mercados digitais: estarão as Big Techs na lista negra da União Europeia?, Scientia Ivridica, n. 364, p. 5–30, 2024; MOTA, Joana; PINTÃO, Ricardo, O Regulamento dos Mercados Digitais, Actualidad Jurídica Uría Menéndez, 60. ed. p. 192–197, . 577 FAIR COMPETITION IN THE RANKING OF COMMERCIAL ESTABLISHMENTS
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