The General Court of the European Union ruled on the 3rd to uphold the European Commission's prior decision to designate the instant messaging application Messenger, owned by the US high-tech company Meta Platforms, Inc., as a "gatekeeper." Simultaneously, the court annulled the "gatekeeper" designation for the company's Marketplace platform.
In its judgment, the court stated that the European Commission's determination of Messenger as a core platform service and a critical gateway for business users to reach consumers was not improper. Therefore, the application must comply with the relevant obligations stipulated by the EU's Digital Markets Act (DMA). Regarding the Marketplace platform, the court found that the European Commission had failed to sufficiently justify its reasoning for the designation, leading to the annulment of its "gatekeeper" status. As the Commission had already removed this label from Marketplace last year due to its user numbers failing to meet the threshold, this annulment ruling is primarily of theoretical significance.
A spokesperson for Meta Platforms, Inc. responded that day, welcoming the court's decision on the Marketplace platform, which confirms that the platform should not have been designated as a "gatekeeper." The company is currently reviewing the ruling concerning Messenger and will consider its subsequent response options.
The EU's Digital Markets Act came into full effect in 2023. The legislation establishes a series of strict behavioral rules, aiming to curb industry monopolistic practices by imposing targeted regulation on tech giants with significant market influence, thereby ensuring fair competition in the digital market.
According to EU judicial procedures, the relevant parties may appeal this ruling to the European Court of Justice, the EU's supreme court, within the stipulated time frame.
Note: "Gatekeeper" is a core concept within the EU's Digital Markets Act, specifically referring to large technology giants that hold a monopolistic market position in the digital economy, control Core Platform Services (CPS), and act as a critical channel between business users and end consumers. The EU identifies "gatekeepers" through strict quantitative indicators and qualitative criteria. Once designated, these companies must fulfill a series of specific legal obligations regarding what they must do and must not do, or face substantial fines.
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