The EU General Court upheld the designation of Meta's Messenger app as a gatekeeper under the Digital Markets Act this week [1, 2].
This ruling maintains strict regulatory oversight on how Messenger operates within the European Union. While the court sided with regulators on the messaging app, it overturned the gatekeeper label for Meta's Marketplace, providing a partial victory for the company [1, 2].
The decision comes from the General Court in Luxembourg, which serves as the second-highest court in the EU [1, 4]. The court said the European Commission's finding that Messenger serves as an important gateway for businesses to reach users was correct [1]. Under the Digital Markets Act, gatekeepers must follow specific rules to ensure fair competition, and prevent the abuse of market power [2].
Meta had challenged the designations for both platforms. The court said the criteria for gatekeeper status were met for the messaging service but were not sufficiently satisfied for the Marketplace platform [1, 2].
This legal battle is part of a broader effort by the European Union to curb the dominance of large technology firms. Other companies have faced similar challenges, including TikTok, which has also contested its gatekeeper status in European courts [3].
By upholding the label for Messenger, the court ensures the app remains subject to the DMA's transparency and interoperability requirements. The removal of the label for Marketplace means that specific platform will not be subject to the same set of restrictive obligations [1, 2].
“The EU General Court upheld the designation of Meta's Messenger app as a gatekeeper.”
This split decision demonstrates the EU's granular approach to the Digital Markets Act, signaling that gatekeeper status is based on specific functional impact rather than a blanket label for the parent company. While Meta successfully reduced its regulatory burden regarding Marketplace, the continued designation of Messenger ensures that one of its primary communication channels remains under intense scrutiny to prevent anti-competitive behavior.
