EU Court Adviser Recommends Rejecting TikTok Gatekeeper Challenge

Advocate General Andrea Biondi, an adviser to the Court of Justice of the European Union, recommended on October 15 that TikTok lose its legal challenge against its designation as a gatekeeper under the Digital Markets Act (DMA). This case represents the first DMA-related dispute to reach Europe's highest court.

Biondi endorsed a 2024 lower court ruling, stating that the fact that users utilize other social networks does not prove TikTok is not an important gateway. He concluded that the General Court did not make the errors of law alleged by ByteDance when rejecting those arguments.

Gatekeeper status imposes strict obligations on companies to prevent anti-competitive practices. Breaches can result in fines of up to 10% of a company's annual global turnover. Other companies designated as gatekeepers include Alphabet, Meta Platforms, Apple, Amazon, Microsoft, and Booking.com.

While Biondi's opinion is non-binding, the court follows such recommendations in approximately 80% of cases. A final ruling from the Court of Justice of the European Union is expected in the coming months.