EU court adviser recommends dismissing TikTok's challenge to gatekeeper status
Advocate General Andrea Biondi advised the EU's Court of Justice on 15 October to reject ByteDance's (TikTok's) appeal against its Digital Markets Act gatekeeper designation. The non-binding opinion backs the European Commission; judges are expected to rule in the coming months.
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The story, neutrally told
Mixed · 2An adviser to the Court of Justice of the European Union recommended on Thursday 15 October that TikTok lose its challenge to its "gatekeeper" status under the EU's Digital Markets Act (DMA), backing the regulators. CNAN “An adviser to Europe's highest court recommended on Thursday that TikTok lose its challenge to its "gatekeeper" status under landmark EU rules” Read at CNA ↗ The Straits TimesRC “An adviser to Europe’s highest court recommended on Oct 15 that TikTok lose its challenge to its “gatekeeper” status under landmark EU rules” Read at The Straits Times ↗ Centre · 1Advocate General Andrea Biondi said in his opinion: "The Court should dismiss the action brought by ByteDance (TikTok) against the decision of the Commission designating it as a gatekeeper under the Digital Markets Act." CNAN “"The Court should dismiss the action brought by Bytedance (TikTok) against the decision of the Commission designating it as a gatekeeper under the Digital Markets Act,"” Read at CNA ↗ CNAN “"The Court should dismiss the action brought by ByteDance (TikTok) against the decision of the Commission designating it as a gatekeeper under the Digital Markets Act,"” Read at CNA ↗ Mixed · 2He endorsed the ruling of the lower tribunal, the General Court, which rejected TikTok's challenge in 2024, saying it made no legal errors and that the fact that users also use other social networks does not, in itself, show TikTok is not an important gateway. CNAN “"The General Court did not make the errors of law alleged by ByteDance in rejecting those arguments. In particular, the fact that users also use other social networks does not, in itself, show that TikTok is not an important gateway,"” Read at CNA ↗ The Straits TimesRC “A lower tribunal rejected TikTok’s challenge in 2024.” Read at The Straits Times ↗
Centre · 1The case, C-627/24 P Bytedance v Commission, is the first involving the DMA to reach the Court of Justice, and technology companies are watching it for clues on whether Europe's courts will reinforce or limit regulators' efforts to boost competition and expand consumer choice. CNAN “The case, the first involving the EU's Digital Markets Act (DMA) to reach the Court of Justice of the European Union, is being closely watched by technology companies”“The case is C-627/24 P Bytedance v Commission.” Read at CNA ↗ Centre · 1The opinion is non-binding, but judges, who are expected to rule in the coming months, follow such opinions in around four out of five cases. CNAN “The judges, who are expected to rule in the coming months, follow such non-binding opinions in around four out of five cases.” Read at CNA ↗ CNAN “Judges, who will rule in the coming months, usually follow four out of five such non-binding recommendations.” Read at CNA ↗ Mixed · 2The DMA imposes strict obligations on designated gatekeepers, and breaches can bring fines of up to 10% of a company's annual global turnover. Other designated gatekeepers include Alphabet's Google, Meta Platforms, Apple, Amazon, Microsoft and Booking.com, and Meta is separately challenging the designation of its Messenger and Marketplace services. The Straits TimesRC “The DMA imposes a range of obligations on designated gatekeepers, with breaches potentially attracting fines of up to 10% of a company’s annual global turnover.”“Meta is also challenging the designation of gatekeeper for its Messenger and Marketplace services.” Read at The Straits Times ↗ CNAN “Other companies designated as gatekeepers include Alphabet's Google, Meta Platforms, Apple, Amazon, Microsoft and Booking.com.” Read at CNA ↗
Mixed · 2TikTok did not immediately respond to a request for comment. CNAN “TikTok did not immediately respond to an emailed request for comment.” Read at CNA ↗ The Straits TimesRC “TikTok did not immediately respond to an e-mailed request for comment.” Read at The Straits Times ↗
Every sentence links to the reporting it rests on. The pill in front of each says where its sources sit: Left, Centre or Right when one side supplies at least half of them, Mixed when they are evenly split. The number is how many outlets it cites.
Left0 outlets
No left outlet in our sources has covered this story yet.
Centre1 outlet
- Framing
- Reports the opinion as a setback for TikTok and a test of EU efforts to curb Big Tech, using the same text as the Reuters report; a shorter earlier version gave the bare news.
- Emphasis
- Biondi's quoted recommendation, the case number, and the fact that judges usually follow such opinions.
- Leaves out or plays down
- No TikTok or ByteDance position beyond noting no immediate comment.
- Charged language
- “Setback for TikTok”
Right1 outlet
- Framing
- Reuters copy carried by The Straits Times under the same 'setback' headline, with a standfirst on the obligations and fines TikTok would face.
- Emphasis
- The strict obligations and fines of up to 10% of global turnover.
- Leaves out or plays down
- No TikTok position beyond noting no immediate comment; the standfirst's conditional wording ("If designated") is looser than the article, which says TikTok is already designated.
- Charged language
- “Setback for TikTok”
- For example
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“If designated as a gatekeeper, TikTok will be subjected to strict obligations, failing which may result in fines up to 10% of its annual global turnover.” — The Straits Times
What every side reports
- Advocate General Andrea Biondi recommended the Court of Justice dismiss ByteDance's (TikTok's) action against its DMA gatekeeper designation.
- The opinion is non-binding; judges are expected to rule in the coming months and usually follow such opinions in about four of five cases.
- A lower tribunal rejected TikTok's challenge in 2024.
- TikTok did not immediately respond to a request for comment.
TikTok organisation
TikTok (ByteDance) is challenging its designation; it had not responded to requests for comment when the opinion was published. Its legal argument, as reported, was rejected by the adviser, who said users' use of other social networks does not show TikTok is not an important gateway.
“TikTok did not immediately respond to an emailed request for comment.” — CNA
“the fact that users also use other social networks does not, in itself, show that TikTok is not an important gateway” — CNA
Digital Markets Act law
The DMA is described as landmark EU legislation to curb Big Tech's power and prevent anti-competitive practices; this is its first case to reach the EU's top court.
“a status that subjects companies to a strict set of obligations aimed at preventing anti-competitive practices.” — CNA
Left0 articles
No coverage yet.
Centre2 articles
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CNAN ·
EU court adviser sides with EU regulators against Tiktok in fight over tech label
Neutral Brief initial report of the opinion with the quote and case number.
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CNAN ·
Setback for TikTok as EU court adviser backs gatekeeper label
Neutral Wire-style report of the opinion as a setback for TikTok and a test of the DMA.
Right1 article
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The Straits TimesRC · · via Reuters
Setback for TikTok as EU court adviser backs gatekeeper label
Neutral Reuters copy run by The Straits Times with a standfirst on obligations and fines.
- 15 Oct 09:30 First CNAN EU court adviser sides with EU regulators against Tiktok in fight over tech label
- 15 Oct 09:30 First CNAN Setback for TikTok as EU court adviser backs gatekeeper label
- 15 Oct 10:47 +1h 16m The Straits TimesRC Setback for TikTok as EU court adviser backs gatekeeper label via Reuters
Times are when each article was published, or when we first saw it if the outlet gave no time.
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