A comment on ByteDance v Commission: the General Court’s take on gatekeeper designation

12 Pages Posted: 17 Dec 2024 Last revised: 1 Mar 2025

Date Written: October 31, 2024

Abstract

 On 17 July 2024, the General Court dismissed ByteDance’s legal action seeking annulment of the European Commission’s decision to designate TikTok as a gatekeeper under the Digital Markets Act. This judgment, in Case T-1077/23, marked a first significant interpretation of this regulatory instrument. The article looks at the Court’s rul ing, which upheld the Commission’s assessment that TikTok met the quantitative thresholds for gatekeeper designa tion, whereby ByteDance’s arguments, including alleged violations of its rights of defence and equal treatment, were rejected. In turn, it also discusses the implications of the judgement, particularly on the stringent burden imposed on undertakings seeking to challenge their status, as well as the role of economics, especially in the designation pro cesses. Finally, the article offers some insights on the broader picture of the EU’s approach to digital platforms and corresponding competition-related issues.

Keywords: Digital Markets Act, Gatekeeper Designation, Rebuttal Process, ByteDance, TikTok

Suggested Citation

Guimarães, Gonçalo, A comment on ByteDance v Commission: the General Court’s take on gatekeeper designation (October 31, 2024). JusGov Research Paper Series 2024-08, Available at SSRN: https://ssrn.com/abstract=5026774 or http://dx.doi.org/10.2139/ssrn.5026774

Gonçalo Guimarães (Contact Author)

University of Minho - School of Law ( email )

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