EU Adviser Supports ByteDance as Gatekeeper Under Digital Markets Act
EU court adviser backs ByteDance's gatekeeper designation under the Digital Markets Act.
Why it matters: Legal and compliance teams at global tech companies must prepare for increased EU regulatory scrutiny and stricter DMA enforcement, impacting platform operations and strategy.
- Advocate General Andrea Biondi recommended dismissing ByteDance's appeal against its gatekeeper designation on October 15, 2026.
- The European Commission designated ByteDance as a gatekeeper for TikTok in September 2023 under the Digital Markets Act.
- The DMA requires gatekeepers to follow strict rules on data sharing, interoperability, and bans on self-preferencing, with fines up to 10% of global turnover for violations.
- This is the first case related to the DMA to reach the Court of Justice of the European Union.
- Advocate General’s opinions are non-binding, but the Court often follows them in its rulings.
On October 15, 2026, Advocate General Andrea Biondi of the Court of Justice of the European Union recommended dismissing the appeal filed by ByteDance against the European Commission’s designation of TikTok as a gatekeeper under the Digital Markets Act (DMA).
The European Commission first classified ByteDance as a gatekeeper for its TikTok platform in September 2023, identifying it as an online social networking service subject to the DMA’s obligations. These include stringent requirements around data sharing, interoperability, and the prohibition of self-preferencing behaviors, coupled with potential fines of up to 10% of a company’s global turnover for non-compliance.
Advocate General Biondi stated that the Commission must open a market investigation if a company presents sufficient challenge to its gatekeeper designation, but in ByteDance's case, he recommended dismissing the company's appeal. He emphasized that such investigations are not required when it is clear the company does not fail to meet the qualitative criteria for gatekeeper status.
This case, C-627/24 P Bytedance v Commission, is the first instance involving the DMA to reach the Court of Justice of the European Union, marking a major test for the EU’s regulatory framework targeting Big Tech platform behaviors.
While the Advocate General's opinion is advisory and non-binding, the Court of Justice typically aligns its rulings with these recommendations. The final decision is pending but expected to reinforce EU regulators’ powers under the DMA.
For legal, compliance, and regulatory teams at major tech companies, this development signals tougher enforcement ahead. Companies subject to the DMA should anticipate rigorous scrutiny of their platform operations and sharpen their compliance strategies accordingly.
By the numbers:
- October 15, 2026 — Date of Advocate General's opinion
- September 2023 — European Commission designated ByteDance as gatekeeper
- 10% of global turnover — Maximum fine under DMA for non-compliance
What's next: The Court of Justice of the European Union’s final ruling on ByteDance’s appeal is pending and will set a precedent for future DMA enforcement.