Changes from plenary report to adopted text

29. Notes the rapid development of AI services, which has the potential to result in market concentration; calls on the Commission to take an ecosystemic approach towards this sector, including by developing and applying new theories of harm to address the further entrenchment of the dominant players in this sector; highlights that the DMA contains several provisions that must be used to prevent gatekeepers from restricting emerging AI developers, and asks the Commission to act swiftly to address the risk of consumers being forced into using pre-determined AI services on their mobile devices, ensuring that AI systems remain user-selectable and transparent, thereby safeguarding competition and consumer choice; calls on the Commission to explore the possibility of adding generative AI as a new core platform service under the DMA;

30. Notes that large digital players use their market power, power over consumers, financial resources and data concentration in one market to leverage their position in another; stresses that small players cannot compete with the aforementioned factors, which makes EU citizens even more dependent on the same small number of non-EU companies and endangers strategic autonomy; calls for increased scrutiny of the leveraging of position by dominant digital sector players into other sectors and the EU’s strategic autonomy, through a revision of the merger guidelines to ensure that market leveraging can be scrutinised more effectively;

31. Notes the importance of data and data analytics tools as one of the deterring factors for digital market concentrations and acquisitions in the digital sector; calls for an opinion of the European Data Protection Board in cases of concentrations involving one or more operators in digital sectors on the relevance of datasets for the intended concentration, the personal data the target acquisition processes and the potential impact on the rights to privacy and data protection the intended concentration has;

32. Expresses concern regarding the growing use of dynamic pricing mechanisms across the EU; calls on the Commission to explore regulatory measures against highly adaptive and opaque pricing methods;

33. Calls on the Commission to vigorously enforce all competition rules, including the Foreign Subsidies Regulation and the DMA, in order to address gatekeeper practices and foster contestable markets and fair competition; stresses that the Commission must have sufficient staff for enforcement, while noting that new tools, as well as scientists and economists stemming from divergent disciplines, can work to improve competition law enforcement; underlines in particular that the DMA should be applied rigorously and independently, without any undermining by external pressures; stresses that the DMA and potential fines must not be used as a bargaining chip in relation to discussions on tariffs, but as a cornerstone of the EU’s efforts to ensure fair and competitive digital markets; notes the six non-compliance procedures launched against some designated gatekeepers; is deeply concerned about potential delays in critical investigations and the capacity of the Commission to respect their ‘best effort’ obligations and to make a decision on non-compliance procedures without undue delay;

34. Notes with concern the fragmentation in numerous consumer markets, including financial services, telecoms and household energy, and calls for faster and greater market integration where there are benefits for consumers, and for recognition that this market integration can drive investment and innovation;

35. Expresses alarm at the high concentration in the retail, agricultural and automotive sectors in overseas territories whereby excessive prices set by dominant undertakings on essential products and services amplify inequalities, precariousness and territorial disparities; calls on the Commission to launch an investigation into potential abuses of dominant position under Article 102 TFEU;

37. Expresses concern about the food price crisis and notes, in this regard, the high levels of market concentration in food supply chains; reiterates its call for the Commission to urgently conduct a thorough analysis of the extent and effect of buying alliances, thereby devoting special attention to guaranteeing fair competition and greater transparency in supermarket and hypermarket chains’ commercial practices, particularly where such practices affect brand value and product choice or limit innovation or price comparability; recalls, in this light, the market concentration in agri-commodity trading wherein four companies account for the vast majority of the global crop trade; regrets that the Commission nonetheless conditionally approved the 2024 Bunge-Viterra merger (M.11204) despite competition concerns; asks the Commission to address excessive power accumulation in the hands of a few large players in this market, in order to strengthen the bargaining position of farmers and consumers alike; highlights the implementation of the New Competition Tool in this context;

38. Notes the high-net profits of EU banks during this inflationary period, mostly driven by the delayed pass-through of the rapid monetary policy tightening to deposit rates;

39. Notes with particular concern the dominant position of two international card schemes in the EU payments market, and their engagement in practices that reinforce and extend their dominance of this market, potentially further increasing barriers to entry and hampering long-term innovation, as well as leading to higher costs for EU businesses and ultimately consumers; calls on the Commission to take decisive actions, emphasising the need for a review of the Interchange Fee Regulation (Regulation (EU) 2015/751) to tackle the significant increase in card scheme fees charged by international card schemes and to ensure a fair, competitive and transparent market environment;

Parliamentary involvement

40. Stresses that Parliament should be sufficiently involved in shaping competition policy; cautions against the over-reliance on soft-law instruments, such as guidance and temporary frameworks, in which Parliament’s involvement is limited; calls on the Commission to enter into negotiation for an interinstitutional agreement on competition policy to formalise its enforcement priorities to Parliament; calls on the European Council to adopt a decision under Article 48(7) TEU allowing for the adoption of legislative acts in the area of competition policy in accordance with the ordinary legislative procedure; stresses that Parliament should be more involved in the activity of working parties and expert groups in the International Competition Network and the OECD as an observer, and also in the High-Level Group on the DMA;

41. Calls on the responsible Executive Vice-President, also Commissioner in charge of competition policy to maintain close contact with Parliament’s competent committee and its working group on competition issues;

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42. Instructs its President to forward this resolution to the Council and the Commission.