TikTok challenges the gatekeeper status in the EU’s top court

Brief on the case

TikTok’s administration is trying to overturn a European Union decision that declared it a “gatekeeper” of the digital market (Digital Markets Act – DMA). In September 2023, the platform was added to the list of large players with more than 45 million EU users alongside Google, Meta, Apple, Amazon, Microsoft and Booking. A first‑instance court in 2024 dismissed TikTok’s lawsuit, confirming its gatekeeper status. The company is now appealing to the EU’s highest court.

What the “gatekeeper” status means

The DMA imposes strict obligations on such companies: openness of algorithms, access to data and conditions for competitors. Failure to meet these requirements can result in a fine of up to 10 % of annual turnover.

TikTok’s arguments

1. Lack of dominance – ByteDance claims that its market capitalization is mainly tied to Asian business rather than Europe.

2. User independence – 70–80 % of the audience simultaneously uses other platforms (Facebook, Instagram, Snapchat, X), so they do not “stick” to TikTok’s ecosystem.

3. Different regulatory environment – the company operates in a different cultural and linguistic context, which reduces its influence on the European market.

European Commission response

A commission representative noted that even with multi‑channel usage there can be dependence on a specific service. He emphasized that the decision on gatekeeper status will be made in several months and that Meta is also currently contesting it regarding Messenger and Marketplace.

Conclusion

If TikTok succeeds in challenging its status, it could change the rules of the game for large tech companies in the EU. Otherwise, the company will have to comply with DMA requirements and face potential fines.