International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW search engines such as carriage of passengers services; online social networking services; video-sharing platform services; number-independent interpersonal communication services; operating systems; cloud computing services; advertising services; web browsers; and virtual assistants. As a precondition, these companies need to be identified as gatekeeper for at least one of the so-called “core platform services” enumerated in the Digital Markets Act (such as online search engines, social networking services, app stores, certain messaging services, virtual assistants, web browsers, operating systems and online intermediation services). The same company can be identified as gatekeeper for several core platform services. Specifically, there are three main cumulative criteria that bring a company under the scope of the Digital Markets Act: 1. A size that impacts the internal market: this is presumed to be the case if the company achieves an annual turnover in the European Economic Area (EEA) equal to or above €7.5 billion in in each of the last three financial years, or where its average market capitalisation or equivalent fair market value amounted to at least €75 billion in the last financial year, and it provides a core platform service in at least three Member States; 2. The control of an important gateway for business users towards final consumers: this is presumed to be the case if the company operates a core platform service with more than 45 million monthly active end users established or located in the EU and more than 10,000 yearly active business users established in the EU in the last financial year; 3. An entrenched and durable position: this is presumed to be the case if the company met the other two criteria in each of the last three financial years. 3.2. Liability regime Under the scope of the Digital Markets Act, companies identified as gatekeepers will be subject to a number of dos and don’ts. Gatekeepers will carry an extra responsibility to conduct themselves in a way that ensures an open online environment that is fair for businesses and consumers. They will therefore have to proactively implement certain behaviours that make the markets more open and contestable and at the same time refrain from engaging in unfair behaviours. Chapter III regulates the obligations for Gatekeepers in order to avoid practices of them that limit contestability or are unfair. Some examples of the