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ARTICLE · 02 AUGUST 2024

First DMA Ruling: EU Court Upholds ByteDance's Gatekeeper Designation

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On 17 July 2024 the EU General Court (the Court) delivered the first substantive EU ruling concerning the application of the Digital Markets Act (DMA). The ruling – which confirms the designation...

European UnionMedia, Telecoms, IT, Entertainment
Ciara Barbu-O'Connor
Ciara Barbu-O'Connor
Roque Botas Armero
Roque Botas Armero
Greg Dowell
Greg Dowell

On 17 July 2024 the EU General Court (the Court) delivered the first substantive EU ruling concerning the application of the Digital Markets Act (DMA).

The ruling – which confirms the designation of ByteDance as a gatekeeper in respect of its popular social media platform TikTok – endorses the European Commission's approach to the application of the gatekeeper criteria and also provides additional clarity on the relevance of key concepts such as ecosystems, multi-homing, and network effects under the DMA.

Background

The DMA is a landmark regulation that aims to curb the power of large online platforms in the EU and foster fair competition in digital markets. It specifically targets large online platforms – in particular, designated "gatekeepers" operating "core platform services" (CPS) which serve as important gateways for business users to reach end users.

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