The definition of gatekeeper and the core principles of EU law

This Chapter focuses on the notion of the gatekeeper, which constitutes the cornerstone for the implementation of the rules laid down in the DMA. After clarifying that the concept is delineated through subjective criteria, the analysis shifts to examine the role of sizebased thresholds as presumptive indicators of the presence of these criteria. In consideration of the different approach adopted by antitrust law concerning legal definitions, this Chapter highlights the challenges associated with reconciling the DMA framework with the core principles and values of EU law and legal systems of individual Member States, such as the principles of free economic initiative and equal treatment. It is therefore suggested that the presumptive function of quantitative thresholds should not be overstated, and that greater emphasis should be placed on the role of the European Commission in the designation of gatekeepers.