Article 12 › 5

A practice as referred to in paragraphs 1, 3 and 4 shall be considered to limit the contestability of core platform services or to be unfair where: (a) that practice is engaged in by gatekeepers and is capable of impeding innovation and limiting choice for business users and end users because it: (i) affects or risks affecting the contestability of a core platform service or other services in the digital sector on a lasting basis due to the creation or strengthening of barriers to entry for other undertakings or to expand as providers of a core platform service or other services in the digital sector; or (ii) prevents other operators from having the same access to a key input as the gatekeeper; or (b) there is an imbalance between the rights and obligations of business users and the gatekeeper obtains an advantage from business users that is disproportionate to the service provided by that gatekeeper to those business users.

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Source: EUR-Lex CELLAR · retrieved 2026-08-27