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TikTok Challenges EU “Gatekeeper” Label in Landmark Court Fight

By  |  May 12, 2026
TikTok Challenges EU “Gatekeeper” Label in Landmark Court Fight

ByteDance-owned TikTok made a final push on Tuesday at Europe’s highest court to overturn its designation as a “gatekeeper” under the European Union’s Digital Markets Act, in a case that could shape the bloc’s efforts to curb the influence of major technology companies, according to Reuters.

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    The hearing before the EU Court of Justice marks the first legal challenge to a gatekeeper designation under the Digital Markets Act (DMA), a sweeping set of rules designed to increase competition and expand user choice by imposing stricter obligations on dominant digital platforms. Per Reuters, the outcome could either strengthen or undermine the EU’s broader campaign to regulate Big Tech.

    TikTok was designated a gatekeeper in September 2023 under the DMA, joining companies such as Google, Meta Platforms, Apple, Amazon, Microsoft and Booking.com, all of which surpassed the threshold of 45 million monthly users in the European Union, according to Reuters.

    A lower EU tribunal dismissed TikTok’s earlier challenge in 2024, ruling that the platform met the criteria required for gatekeeper status. Under the DMA, companies classified as gatekeepers must comply with an extensive list of obligations, with violations carrying fines of up to 10% of annual global turnover.

    Related: TikTok US Sale Could Deliver $10 Billion Windfall to the United States

    TikTok argued before the court that the lower tribunal had incorrectly concluded that the company failed to rebut all three criteria used to determine gatekeeper status: significant market impact, serving as an important gateway between businesses and users, and maintaining an entrenched market position.

    “ByteDance showed not only that its market cap is overwhelmingly derived from its Asian businesses but also they had no connection to Europe, face different competitive dynamics and operate in a distinct regulatory, linguistic and cultural environment,” TikTok’s lawyer Bill Batchelor told the panel of 15 judges, according to Reuters.

    Batchelor also argued that TikTok users are not locked into the platform’s ecosystem, noting that a large majority use multiple social media services simultaneously.

    “We refer to this as ‘multihoming.’ That means businesses can reach the same end users via multiple other platforms,” Batchelor said.

    He told the court that between 70% and 80% of TikTok users also use platforms including Facebook, Instagram, Snap and X.

    The European Commission pushed back against TikTok’s claims during the hearing.

    “Lock-in can occur even when some degree of multihoming exists. For example, there may be specific user groups that depend on TikTok,” Commission lawyer Mislav Mataija told the court, according to Reuters.

    The court is expected to deliver its ruling in the coming months. Per Reuters, Meta Platforms is also challenging its own gatekeeper designation for Messenger and Marketplace.

    Source: Reuters