C_202504223EN.000101.fmx.xml

Summary of Commission Decision

of 23 April 2025

relating to a decision pursuant to Article 4(1) of Regulation (EU) 2022/1925

(Case DMA.100044 – Meta – online intermediation services – marketplace)

(notified under document number C(2025) 2547)

(Only the English text is authentic)

(C/2025/4223)

(C/2025/4223)On 23 April 2025, the Commission adopted a decision pursuant to Article 4(1) of Regulation (EU) 2022/1925. (1) In accordance with the provisions of Article 44 of Regulation (EU) 2022/1925, the Commission herewith publishes the names of the parties and the main content of the decision, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1. INTRODUCTION

(1)

This decision (‘the Decision’) amends Commission Decision C(2023) 6105 final of 5 September 2023 (‘Meta’s Designation Decision’) and removes Marketplace from the list of designated core platform services under Article 3(9) of Regulation (EU) 2022/1925. Meta has demonstrated that Marketplace no longer hosts a significant number of business users, and therefore is no longer an important gateway connecting businesses and end users.

2. PROCEDURE

(2)

On 5 March 2024, Meta submitted a ‘Reconsideration Request’, based on Article 4 of Regulation (EU) 2022/1925.

(3)

In its Reconsideration Request, Meta argued, first, that it has implemented important additional measures to safeguard the consumer-to-consumer (‘C2C’) use of Marketplace and to remove business users from Marketplace. Second, Meta provided new economic evidence that according to Meta demonstrates that Marketplace is not an ‘important gateway’ for businesses to reach end users.

(4)

Between April 2024 and January 2025, the Commission sent three requests for information (RFIs) to Meta to obtain more details about the changes implemented to Marketplace and the impact these changes had on the number of Marketplace business users.

3. LEGAL FRAMEWORK

(5)

Regulation (EU) 2022/1925 establishes a set of narrowly defined objective criteria for qualifying a large online platform as a gatekeeper. Designation is to be made in relation to one or more core platform services (CPSs) provided by the undertaking that are an important gateway for business users to reach end users within the meaning of Article 3(1), point (b) of Regulation (EU) 2022/1925.

(6)

Pursuant to Article 4(1) of Regulation (EU) 2022/1925, the Commission may, upon request or on its own initiative, reconsider, amend or repeal at any moment a designation decision if there has been a substantial change in any of the facts on which the designation decision was based, or if the designation decision was based on incomplete, incorrect or misleading information. Such amendment is only necessary if the change in the facts also leads to a change in the assessment. This requires a case-by-case assessment of the facts and circumstances.

4. THE COMMISSION’S ASSESSMENT

(7)

Meta’s additional measures to safeguard the consumer-to-consumer (‘C2C’) use of Marketplace and to remove business users from Marketplace, include both quantitative and qualitative criteria that Meta actively uses to remove users. Meta also [monitors and regularly verifies] the effectiveness of its enforcement policy.

(8)

Meta has additionally made it clearer in the creation process of product listings that Marketplace should not be used for business purposes, and has removed ambiguous language that could have suggested that business users can make listings on Marketplace via their personal profile.

(9)

While some business users may still be able in practice to list products on Marketplace despite Meta’s additional enforcement measures and monitoring, data provided by Meta demonstrates that, during 2024, there were less than 10 000 yearly active business users on Marketplace.

(10)

Therefore, Meta has demonstrated a change in the facts capable of leading to a change in the assessment in the Designation Decision, which would warrant removing Marketplace from the list of core platform services provided by Meta.

(11)

The above is without prejudice to the possibility for Commission to reconsider or amend this Decision, pursuant to Article 4(1) of Regulation (EU) 2022/1925, should there be any substantial change in any of the facts on which it is based, or if this Decision was based on incomplete, incorrect or misleading information.

5. CONCLUSION

(12)

For the reasons set out above, Meta’s online intermediation service Marketplace is no longer a core platform service meeting the requirement laid down in Article 3(1), point (b) of Regulation (EU) 2022/1925 as of 23 April 2025.

(13)

Article 2(f) of Meta’s Designation Decision is repealed to reflect this conclusion.

(1) Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ L 265, 12.10.2022, p. 1).