1. Size. DMA requirement is >=7.5b turnover in the EU, or worldwide market cap >=75b. Not the case for Spotify.
2. Non-provision of core platform services. It's not just "important gateway between business users and consumers", it's "important gateway between businesses and consumers *in relation to core platform services*". Core platform services are e.g. search engines, operating systems, browsers, app stores and so on. This is why Spotify isn't a gatekeeper.
And the exact same reasoning applies to American companies. Video streaming platforms like Netflix are also excluded for example, even though Netflix has a market cap >=75b.
1. Size. DMA requirement is >=7.5b turnover in the EU, or worldwide market cap >=75b. Not the case for Spotify.
2. Non-provision of core platform services. It's not just "important gateway between business users and consumers", it's "important gateway between businesses and consumers *in relation to core platform services*". Core platform services are e.g. search engines, operating systems, browsers, app stores and so on. This is why Spotify isn't a gatekeeper.
And the exact same reasoning applies to American companies. Video streaming platforms like Netflix are also excluded for example, even though Netflix has a market cap >=75b.