Key Takeaways:
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- Meta Platforms is contesting the European Commission’s decision to classify its Messenger and Marketplace features as “core platform services” under the EU’s Digital Markets Act (DMA).
- The DMA targets “gatekeepers” like Meta, Apple, and Google, requiring them to comply with strict rules to promote competition or face fines of up to 20% of annual sales for repeat violations.
- Meta argues that Messenger is an extension of Facebook, not a standalone service, and that Marketplace should not have been included in the DMA’s scope.
- The case, being heard at the General Court of the European Union, could set a precedent for how the DMA is enforced and interpreted.
What Happened?
Meta Platforms is challenging the European Commission’s classification of its Messenger and Marketplace features as core platform services under the DMA, the EU’s new antitrust framework targeting Big Tech. The hearing is scheduled for Tuesday at the General Court of the European Union in Luxembourg.
The DMA designates companies like Meta as “gatekeepers” based on their turnover and user thresholds, requiring them to comply with rules that promote competition and make it easier for rivals to operate on their platforms. Meta contends that Messenger is merely an extension of Facebook, which is already regulated under the DMA, and that Marketplace should not have been included in the first place.
The European Commission initially classified six Meta products—Facebook, Instagram, Messenger, WhatsApp, Marketplace, and its advertising business—as core platforms in September 2023. While Marketplace was later removed from the list, Meta is appealing the original decision to include it.
Meta is one of three tech companies, alongside Apple and TikTok, suing the European Commission over DMA enforcement. The company is also appealing a €200 million ($228.8 million) fine for allegedly violating the DMA’s rules on data processing by charging users for a subscription service to avoid targeted advertising.
Why It Matters?
The outcome of this case could have significant implications for the enforcement of the DMA and the broader regulatory landscape for Big Tech in Europe. If Meta succeeds, it could weaken the European Commission’s ability to enforce the DMA and embolden other tech companies to challenge its rulings.
The case also highlights the growing tension between the EU and U.S. tech giants, with Meta and other companies criticizing the DMA as overly restrictive. U.S. President Trump has echoed these criticisms, accusing the EU of targeting American firms through antitrust fines.
For Meta, the stakes are high. A loss could solidify the DMA’s authority and lead to stricter oversight of its platforms, while a win could limit the scope of the law and reduce regulatory pressure.
What’s Next?
The General Court’s decision will be closely watched by regulators, tech companies, and legal experts. If Meta loses, it could appeal the ruling to the European Court of Justice, the EU’s highest court.
Meanwhile, the European Commission will continue enforcing the DMA, with other cases involving Apple and TikTok also in progress. The broader implications of these legal challenges will shape the future of tech regulation in Europe and beyond.
As the geopolitical environment evolves, particularly under President Trump’s administration, the EU’s ability to enforce its tech regulations may face additional challenges, further complicating the regulatory landscape.