[float4]

Multiple reasons:

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.

[yorwba]

Core platform services include "online intermediation services" and "video sharing platform services" both of which Netflix could be argued to count as. But I guess there are probably fewer than 10,000 EU businesses distributing content through Netflix?

[float4]

I was under the impression that Netflix was not deemed video sharing platform because they don't actively dictate what is and is not allowed on the platform the way YouTube does. But maybe it was the 10,000 rule, who knows. To my knowledge the EU never made explicit why companies were not deemed gatekeeper.

[Nevermark]

At some point, labelling gatekeepers comes down to how many "gatekeepers" are there resources to go after.

Naming all potential gatekeepers would only set the EU up to look capricious when it still only had enough resources to go after its highest priority targets.

So there will never be an obvious rational line of who is in or out. Just the sued and unsued.