Unpacking the Digital Markets Act: a milestone ruling against ByteDance and its implications for potential gatekeepers

The General Court of the European Union recently issued the first substantive ruling addressing the interpretation of the EU Digital Markets Act. In that ruling – in Case T-1077/2 ByteDance v. Commission – the General Court endorsed the European Commission’s approach to applying the ‘gatekeeper’ criteria under Article 3(1) of the Digital Markets Act, confirming the Commission’s decision to designate ByteDance as a gatekeeper in respect of its online social networking service, TikTok. This article explains the context in which the dispute between ByteDance and the Commission arose, including the process through which the initial group of gatekeepers was designated. It then goes on to dissect the General Court’s reasoning and comment on its implications for future enforcement of the Digital Markets Act – particularly when it comes to the designation of additional gatekeepers and/or core platform services.