Judgment_paragraph 37 · Opera Norway AS v European Commission (T-357/24)

37Thus, the substantial adverse effect on the applicant’s market position results not from a detailed analysis of the various competitive relationships on that market, allowing the extent of the adverse effect on its market position to be established specifically, but, in principle, from a prima facie finding that the lack of designation of an undertaking as a gatekeeper leads to a substantial adverse effect on that position (see, to that effect and by analogy, judgment of 15 July 2021, Deutsche Lufthansa v Commission, C‑453/19 P, EU:C:2021:608, paragraph 58 and the case-law cited).