Judgment_paragraph 224 · Opera Norway AS v European Commission (T-357/24)

224Accordingly, the Commission may not confine itself to assessing the arguments and evidence adduced by the undertaking seeking to rebut the presumptions laid down in Article 3(2) of the DMA and to demonstrating that that undertaking does not satisfy the requirements set out in Article 3(1) of the DMA, but must, as a matter of good administration, play its part, using the means available to it, in ascertaining the relevant facts and circumstances in order to carry out an appropriate assessment concerning the rebuttal of those presumptions (see, by analogy, judgments of 13 July 1966, Consten and Grundig v Commission, 56/64 and 58/64, EU:C:1966:41, p. 347; of 29 February 2016, Deutsche Bahn and Others v Commission, T‑267/12, not published, EU:T:2016:110, paragraph 68; and of 29 February 2016, Schenker v Commission, T‑265/12, EU:T:2016:111, paragraph 65).