What changed
Adds a call for the Commission to scrutinize gatekeeper security measures that may restrict app distribution, ensuring they are not pretexts to avoid DMA obligations. #1 Adds a call for broader enforcement tools, referencing the Ceconomy/JD.com deal, urging rigorous application of the Foreign Subsidies Regulation and data risk assessments. #2
2 changes of substance. Each change below carries a one-line ✦ note from the same model. Written from the two texts only — read the highlighted passages before relying on it.
The changes to the text itself, in document order. Cover page, citations (“having regard to …”), standard resolution paragraphs and punctuation-only edits are left out — they are in “Show every difference”.
Change #1 Substance
Adds a paragraph noting that gatekeepers may use safety justifications to restrict app distribution, and calls on the Commission to investigate such measures and ensure they are not pretexts to circumvent the DMA.
15. Notes that certain gatekeepers, as recently announced by Google for instance, invoke safety and cybersecurity justifications to impose registration and identification requirements on application developers, thereby limiting effective access to alternative application distribution channels in a manner that may conflict with Article 6(4) DMA; calls, therefore, on the Commission to investigate whether the security-related measures invoked are strictly necessary and proportionate, and to ensure that they are not being used as a pretext to circumvent the DMA’s objective of enabling genuine third-party software access, ensuring fair, reasonable and non-discriminatory access conditions while safeguarding developers’ ability to steer users towards alternative distribution channels;
Change #2 Substance
Adds a paragraph stressing complementary use of competition and trade instruments, citing the Ceconomy/JD.com acquisition, and calls on the Commission to apply the Foreign Subsidies Regulation and assess data risks under FDI screening.
32. Stresses that effective enforcement of the DMA requires complementary use of general competition policy and all other EU trade defence and market surveillance instruments, as systemic risks to fairness and economic security can also arise from transactions outside the scope of the DMA; notes, in this context, concerns regarding the acquisition of Ceconomy AG by JD.com, which would transfer control of a major European retail and distribution network to a non-EU entity, raising risks of non-EU state access to sensitive consumer data and potential distortions linked to state-backed financial support; calls on the Commission to apply the Foreign Subsidies Regulation rigorously and to examine any foreign subsidies underpinning both this transaction and future ones; calls on the Commission to assess risks to European consumer data under the Foreign Direct Investment Screening Regulation and to ensure effective data localisation in line with EU data sovereignty and the enforcement framework of the DMA;