Jurisdiction(s):
European Union

EU General Court refuses ByteDance's interim measures bid: TikTok remains a DMA 'gatekeeper' pending appeal; compliance by March 2024 required

Published on: 13 February 2024

Published by a Law360 reporter

Legal News

Article summary

On 9 February 2024, Europe’s General Court refused ByteDance’s bid for interim relief that would have paused its designation while a substantive appeal proceeds. ByteDance was named among the initial six firms identified by the European Commission as ‘gatekeepers’ under the EU DMA, obliged to meet enhanced duties intended to expand user choice and freedom. The regime compels gatekeeper platforms to inter-operate with smaller services in specified situations, bars a platform from privileging its own offerings, and requires greater transparency for business users, among other requirements. ByteDance contended that complying with the designation could expose ‘highly strategic information’, yet the court concluded the company had not demonstrated a concrete risk of disclosure or that it would suffer irreparable harm if the designation stays in effect during its pending challenge. As a result, the designation continues to apply while the merits are examined closely...

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