European Union: Filed Bytedance (TikTok) lawsuit against the EU Commission regarding designation as "gatekeeper" under the Digital Markets Act (T-1077/23)

On 16 November 2023, Bytedance (TikTok) initiated legal proceedings in the European Union (EU) Court of Justice, challenging the decision adopted by the EU Commission. The decision pertained to the classification of TikTok as a "gatekeeper" under the Digital Markets Act (DMA). The DMA defines "gatekeepers" as companies offering "core platform services," such as browsers, messengers, or social media platforms, operating in three or more EU member states with over 45 million monthly "end users" and 10'000 "business users." Additionally, these companies must have a local annual turnover exceeding EUR 7.5 billion or a market capitalisation of at least EUR 75 billion. The DMA prohibits the sharing of personal data among different services provided by gatekeepers. Furthermore, the Act empowers the Commission to levy fines, which can amount to up to 10% of the gatekeeper's total global turnover for the previous financial year and up to 20% in the event of repeated violations of DMA.