BRUSSELS, July 17 (Reuters) -
TikTok owner ByteDance on Wednesday lost its court challenge
against its designation as a gatekeeper under landmark EU tech
rules, in a boost for EU antitrust regulators seeking to rein in
the power of Big Tech.
Under the Digital Markets Act (DMA), gatekeepers are
required to make their messaging apps interoperate with rivals,
let users decide which apps to pre-install on their devices and
are not allowed to favour their own services over rivals.
ByteDance had argued that its designation risks
undermining the DMA goal by protecting dominant companies from
newer competitors such as TikTok, which does not have an
entrenched position.
The Luxembourg-based General Court sided with the
European Commission and dismissed its challenge, saying that
ByteDance had not sufficiently substantiated its arguments.
"The Commission was fully entitled to consider that
Bytedance was a gatekeeper," judges said.
They said the company met the DMA's quantitative
thresholds, regarding its global market value, the number of
TikTok users within the European Union and the number of years
during which that threshold relating to user numbers had been
met.
The Court also pointed to TikTok's sharp jump in
popularity to put it on par with rivals Meta Platforms ( META )
and Alphabet.
"It had rapidly consolidated its position, and even
strengthened that position over the following years, despite the
launch of competing services such as Reels and Shorts, to the
point of reaching, in a short time, half the size, in terms of
number of users within the European Union, of Facebook and of
Instagram," judges said.
The case is T-1077/23 Bytedance v Commission.