"TikTok's counsel argued the General Court erred on each of the three thresholds. The company has long contended that it is a challenger rather than an incumbent, that its business users have options elsewhere, and that its market position is neither dominant nor durable in the sense the DMA requires. A successful appeal would not strike the DMA down, but it would knock TikTok out of the regime and complicate Brussels' attempt to apply the same rulebook uniformly across the six designated gatekeepers."
"The Commission's lawyer, Mislav Mataija, dismissed the arguments. "Lock-in can occur even when some degree of multihoming exists," he told the court. "For example, there may be specific user groups that depend on TikTok." The Commission's position is that the criteria are met, that the General Court applied them correctly, and that ByteDance is asking the Court"
"A General Court ruling in July 2024 dismissed ByteDance's initial challenge, finding that TikTok met all three criteria for designation: significant market impact, status as an important business gateway between firms and consumers, and an entrenched, durable position in that role. ByteDance appealed in September 2024, and Tuesday's hearing put those findings back in play."
ByteDance appealed its designation as a gatekeeper under the Digital Markets Act, bringing TikTok before the Grand Chamber of the Court of Justice of the European Union in Case C-627/24 P. A General Court ruling in July 2024 found TikTok met all three DMA designation criteria: significant market impact, an important gateway between business users and consumers, and an entrenched, durable position. ByteDance argued the General Court erred on each threshold, claiming TikTok is a challenger rather than an incumbent, that business users have alternatives, and that its market position is not dominant or durable in the required sense. The Commission argued the criteria were correctly applied and that lock-in can occur even with some multihoming, including for specific user groups that depend on TikTok.
Read at TNW | Tiktok
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