Jurisdiction(s):
United Kingdom

EU competition update: DMA access ruling, revised GBER consultation, EU-UK co-operation agreement, Commission merger clearances (25 February 2026)

Published on: 25 February 2026

Published by a LexisNexis Competition expert

Legal News

Article summary

Digital Markets Act General Court dismisses action challenging Commission refusal of access to DMA designation documents

In Case T-433/23, Batchelor v Commission, the General Court delivered its judgment on a challenge brought by Edward William Batchelor to the Commission’s decision of 2 June 2024. That decision, adopted pursuant to Regulation 1049/2001, declined access to internal materials concerning ByteDance’s designation as a gatekeeper under the Digital Markets Act (DMA) (the Commission’s 2024 decision). The Court rejected the application in its entirety...

Background

Following ByteDance’s notification under Article 3(3) DMA, the Commission, on 5 September 2023, designated ByteDance as a gatekeeper. ByteDance subsequently filed an action for annulment before the General Court. In parallel, the applicant requested internal communications, minutes, notes and presentations prepared during the pre-notification stage and for the designation decision. The Commission refused disclosure, relying on the exceptions for the protection of court proceedings and investigations under Article 4(2) of Regulation 1049/2001. On 15 August 2024, the applicant brought proceedings before the General Court challenging that refusal...

General Court’s judgment

The General Court confirmed the Commission’s reliance on the court proceedings exception...

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