European Union: Adopted EU Commission template for submission of a reasoned request for exemption for designated gatekeepers under Article 9 of DMA

On 9 October 2023, the European Commission adopted the template for submission of a reasoned request for exemption for designated gatekeepers under Article 9 of the Digital Markets Act (DMA). The gatekeeper has to indicate various information, including the platform and the scope of exemption. An exemption can only be granted if an obligation "would endanger, due to exceptional circumstances beyond the gatekeeper's control, the economic viability of its operation in the Union". In addition, the gatekeeper has to provide information and evidence on why the exception is applicable.