TikTok Asks Europe’s Top Court to Scrap Its Gatekeeper Status
May 13, 2026 – 7:40 am
The Grand Chamber of the Court of Justice of the European Union (CJEU) heard ByteDance’s appeal in Case C-627/24 P on Tuesday, marking the first Digital Markets Act (DMA) gatekeeper challenge to reach the bloc’s highest court.
Background
ByteDance’s TikTok faced a designation as a “gatekeeper” under the DMA, a label it has contested since the European Commission applied it in September 2023. The company appealed after a General Court ruling in July 2024 dismissed its initial challenge, finding that TikTok met all three criteria for designation:
- Significant market impact
- Status as an important business gateway between firms and consumers
- An entrenched, durable position in that role
Arguments
TikTok’s counsel argued that the General Court erred on each of these thresholds. They claimed TikTok is a challenger rather than an incumbent, users have alternatives, and its market position lacks dominance and durability as required by the DMA. A successful appeal would not invalidate the DMA but could remove TikTok from the regime, complicating Brussels’ efforts to enforce it uniformly across all six designated gatekeepers.
Commission’s Response
The Commission’s lawyer, Mislav Mataija, countered that:
"Lock-in can occur even when some degree of multihoming exists. For example, there may be specific user groups that depend on TikTok."
He maintained that the criteria were met and that the General Court applied them correctly. The Commission asked the Court of Justice not to substitute its own interpretation of the facts for those of the lower court.
Implications
Designated as a gatekeeper alongside Alphabet, Amazon, Apple, Meta, Microsoft, and TikTok in September 2023, the DMA imposes obligations such as interoperability requirements, restrictions on self-preferencing, and limits on combining user data across services. Non-compliance incurs fines of up to 10% of global turnover, doubling for repeat offenses.
A reversal at the Court of Justice would not be a complete setback for the Commission but would require them to reassess their analysis under stricter judicial review, potentially setting a precedent for other gatekeepers to challenge their designations.