EU Court partially annuls Meta's “gatekeeper” designations under the Digital Markets Act
The ruling is notable as the first successful challenge to a DMA gatekeeper designation and carries significant implications on how the European Commission should apply the DMA's quantitative thresholds and classification criteria going forward.
Background
The European Commission's designation decision found that several of Meta's services constituted distinct core platform services (CPS) within the meaning of the DMA, including:
- Facebook as an online social network,
- Messenger as a number-independent interpersonal communications service (NI-ICS), and
- Marketplace as an online intermediation service.
Meta was deemed to meet the quantitative thresholds set out in Article 3(2) DMA, giving rise to a presumption that the relevant services qualified as important gateways for business users to reach end users. Subsequently, Meta brought an action for annulment in part, targeting the classification of Messenger and Marketplace as important gateways.
Messenger: Designation upheld
In contrast, the Court dismissed Meta's challenge to Messenger's designation:
- Standalone CPS classification confirmed. The Court held that Messenger constitutes a standalone NI-ICS distinct from the Facebook social network, given its standalone applications, independent usability, and business-specific tools. Integration arguments did not displace this finding.
- No de-duplication of user bases required. The DMA does not require the Commission to exclude overlapping Facebook users when calculating whether Messenger meets the quantitative thresholds for a given CPS.
- No market investigation obligation and no infringement of the rights of defence. Absent sufficiently substantiated arguments manifestly calling into question the DMA presumptions, the Commission was not required to open a market investigation under Article 17 DMA. No infringement of Meta's procedural rights was found.
Key takeaways
- The ruling sets a precedent for designated undertakings seeking to rebut gatekeeper presumptions by demonstrating substantive changes to product functionality that affect the applicable CPS category definition.
- An appeal limited exclusively to points of law against a decision of the General Court before the Court of Justice remains available within two months and ten days of notification.
The press release can be accessed here, and the full text of the Opinion is published on the CURIA website here.




+-
+-