TikTok asks EU court to suspend EU gatekeeper label until its ruling

December 4, 2023

By Foo Yun Chee

BRUSSELS (Reuters) – Chinese conglomerate ByteDance‘s TikTok has asked Europe’s second highest court to suspend its designation as a gatekeeper under onerous new EU tech rules until judges rule on its challenge against the label.

The Digital Markets Act (DMA) requires TikTok and other designated gatekeepers Alphabet’s Google, Meta Platforms, Apple, Amazon and Microsoft to make their messaging apps interoperate with rivals and let users decide which apps to pre-install on their devices.

They are not allowed to favour their own services over rivals’ or prevent users from removing pre-installed software or apps.

TikTok last month challenged the EU decision at the Luxembourg-based General Court, saying its designation risks undermining the DMA goal of protecting gatekeepers from newer competitors like itself.

TikTok asks EU court to suspend EU gatekeeper label until its ruling — FILE PHOTO: EU flag and TikTok logo are seen in this illustration taken, June 2, 2023. REUTERS/Dado Ruvic/Illustration//File Photo

“We have applied for interim measures,” a spokesperson said.

The bar for the court to approve interim measures is very high. Companies must show that situation is urgent and that they would suffer irreparable harm without an interim measure.

Meta and Apple have also sued the Commission over their gatekeeper status.