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As for the EU, TikTok needs strong and sustained regulation. The EU General Court dismissed the case The lawsuit was filed by TikTok’s parent company, ByteDance, which argued that the platform should not be considered a “gatekeeper” under the Digital Markets Act (DMA), a designation that was made in September 2023 and ByteDance filed to revoke it just two months later.
ByteDance has portrayed TikTok as a growing force in the EU market, citing backlash from the development of Reels and short videos, but the European Parliament disagrees: “In 2018, TikTok was indeed a challenger attempting to challenge the position of incumbents such as Meta and Alphabet, but it quickly consolidated its position despite the launch of competing services such as Reels and short videos, and has further strengthened its position in the following years, reaching half the size of Facebook or Instagram in terms of number of users in the European Union in a short period of time.”
ByteDance had argued that TikTok wasn’t dominant in the EU market, pointing to Instagram Reels and YouTube Shorts as meaningful competitors. The European Parliament disagreed, writing: “While in 2018 TikTok was indeed a challenger seeking to challenge the position of incumbents such as Meta and Alphabet, it has rapidly consolidated its position, quickly reaching half the size of either Facebook or Instagram.”
The General Court added that TikTok meets the requirements to become a gatekeeper: a global market value of 75 million euros ($82 million), more than 45 million monthly active end users and more than 10,000 annually active business users across the EU over the past three years.
The DMA took effect in March and bars gatekeepers like Alphabet, Meta, and Amazon from favoring their own platforms or keeping users within their ecosystems. ByteDance has just over two months to appeal the ruling to the European Court of Justice, the EU’s highest court.
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