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Image header Agence Europe
Europe Daily Bulletin No. 13494
Contents Publication in full By article 12 / 36
SECTORAL POLICIES / Digital

TikTok goes to Court of Justice of EU to have decision designating it as ‘gatekeeper’ under DMA annulled

On Thursday 26 September, the TikTok platform lodged an appeal with the Court of Justice of the EU (CJEU), seeking to have its designation as a ‘gatekeeper’ under the Digital Markets Act (DMA) annulled.

In its judgment delivered on Wednesday 17 July (Case No. T-1077/23), the General Court of the EU had already dismissed the appeal made by ByteDance (the parent company of TikTok) against the European Commission’s decision (see EUROPE 13455/7).

The General Court found that TikTok’s arguments were inadmissible, as the platform could be considered to enjoy a solid and lasting position in Europe in view of the number of users of the platform, their degree of engagement and their daily use of the application.

For its part, however, TikTok believes that it is “far from established” and defines itself as “a challenger, not an incumbent operator”.

ByteDance was designated as a ‘gatekeeper’ in September 2023, alongside Alphabet, Amazon, Apple, Meta and Microsoft (see EUROPE 13244/3). (Original version in French by Isalia Stieffatre)

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