Advocate General Andrea Biondi urged the Court of Justice of the European Union to dismiss ByteDance’s challenge and uphold TikTok’s gatekeeper designation under the EU Digital Markets Act, while an EU court adviser backed ByteDance’s status, highlighting the criteria needed to overturn it.

The DMA allows penalties of up to 10% of a company’s global annual turnover for breaches of gatekeeper obligations.

If designated, TikTok would face DMA obligations designed to prevent anti-competitive practices, mirroring requirements already placed on gatekeepers like Google, Meta, Apple, Amazon, Microsoft, and Booking.com.

The decision signals that proving a loss of gatekeeper status will require substantial evidence, potentially raising the bar for future challenges to similar designations.

TikTok did not respond immediately to Reuters’ request for comment.

Meta is separately challenging the designation of gatekeeper for its Messenger and Marketplace services.

The ruling strengthens the EU’s ability to enforce oversight and impose multibillion-euro fines on major tech platforms.

The recommendation suggests that U.S. tech giants like Meta and Apple may face a higher bar in challenging their own EU gatekeeper classifications.

This case is the first DMA-related matter to reach the Court of Justice of the European Union; ruling is anticipated in coming months, with non-binding AG opinions often guiding the court.

The opinion supports the lower court’s view that TikTok remains an important gateway and should be treated as a gatekeeper, despite TikTok’s arguments about user alternatives.

This development underscores the EU’s ongoing effort to regulate dominant digital platforms and shape competition in the tech industry.