TikTok's parent company ByteDance appeared before the Grand Chamber of the Court of Justice of the EU in a bid to overturn its designation as a 'gatekeeper' under the Digital Markets Act. This is the first DMA gatekeeper challenge to reach the EU's highest court. A lower court dismissed ByteDance's initial challenge in July 2024, finding TikTok met all three designation criteria. TikTok argues it is a challenger rather than an incumbent with a durable dominant position. The European Commission maintains the criteria are met and that ByteDance is improperly asking the court to re-examine facts. A successful appeal would remove TikTok from DMA obligations but could also embolden other designated gatekeepers — Alphabet, Amazon, Apple, Meta, and Microsoft — to contest their own designations. A judgment is expected in the coming months.
