It seems clear that the hypothetical company would meet this definition, and the regulation would completely defeat the purpose of the proposed company. I don’

It seems clear that the hypothetical company would meet this definition, and the regulation would completely defeat the purpose of the proposed company. I don’t know how useful this particular hypothetical is, but it’s definitely a “code smell” that the proposed company’s seemingly only options would be to limit sales to retain the “not a gatekeeper” status or stop doing business in the EU.