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Setback for TikTok as EU court adviser backs gatekeeper label
The adviser said the court should dismiss TikTok’s appeal, reinforcing DMA obligations that can bring fines of up to 10% of annual global turnover.
On Thursday, an adviser to Europe's top court recommended dismissing TikTok's challenge to its "gatekeeper" status, backing regulators in a closely watched test of the bloc's efforts to curb Big Tech's power.
ByteDance is challenging the designation under the Digital Markets Act , which subjects companies to strict obligations aimed at preventing anti-competitive practices, with potential fines reaching up to 10 per cent of annual global turnover.
Advocate General Andrea Biondi endorsed the lower court's ruling, arguing that the General Court made no legal errors; the fact users access other social networks does not prove TikTok fails as an important gateway.
Judges are expected to rule in the coming months, and they follow such non-binding opinions in around four out of five cases; case C-627/24 marks the first DMA dispute to reach the Court of Justice of the European Union.
Other firms designated as gatekeepers include Alphabet, Google, Meta Platforms, Apple, Amazon, Microsoft, and Booking, while Meta is separately challenging the designation for its Messenger and Marketplace services.
A Advocate General of the Court of Justice of the European Union recommended Thursday rejecting the action brought by ByteDance, the company holding TikTok, against the decision of the European Commission to designate the platform as ‘gatekeepers', on the basis of European digital market legislation.