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

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