34In the situation of a decision by which the Commission decides not to designate an undertaking as a gatekeeper within the meaning of Article 3(1) of the DMA, whether a third party has such a specific status, and accordingly is individually concerned by that decision, within the meaning of the fourth paragraph of Article 263 TFEU, must be determined on the basis of a body of consistent evidence or on facts which may relate both to that undertaking’s participation in the administrative procedure and to the effect on its market position (see, to that effect and by analogy, judgments of 26 June 2025, enercity v Commission, C‑485/23 P, EU:C:2025:483, paragraph 32, and of 15 September 2016, Morningstar v Commission, T‑76/14, EU:T:2016:481, paragraphs 34 and 35).
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