Europe's Advocate General Supports Rejection of ByteDance's Appeal Regarding TikTok

Advocate General Andrea Biondi, at the Court of Justice of the European Union, issued a non-binding opinion on October 15 recommending the rejection of the grounds considered in ByteDance's appeal against TikTok's designation as a digital gatekeeper under the Digital Markets Act, in Case C-627/24 P.

This is the first case concerning the Digital Markets Act to reach the European Court of Justice. The opinion supports a ruling issued by the General Court in 2024 that upheld the European Commission's decision to designate TikTok. The opinion is non-binding, and the Court's final ruling is awaited.

Biondi expressed that the mere access of users to competing social networks does not in itself disprove that TikTok is an important gateway between businesses and consumers, and that the Commission should open a market investigation when an entity provides arguments compelling enough to cast serious doubt on the presumptions supporting its designation.

The Advocate General defended ByteDance's right to have its arguments heard, even though he disagreed with part of the General Court's reasoning, while supporting the dismissal of the appeal. TikTok's designation and obligations under EU law remain in effect until the final ruling is issued.

What do these terms mean?

Digital Markets Act: A European law that imposes obligations on major digital platforms considered important gatekeepers between businesses and users.

Advocate General: A legal advisor at the European Court of Justice who provides an advisory, non-binding opinion to assist the Court prior to its ruling.

Digital Gatekeeper: A large digital platform that has a dominant market influence and serves as a primary intermediary between businesses and consumers.