Tech-Giganten Meta und TikTok wehren sich gegen ihre Einstufung als Gatekeeper unter dem Digital Markets Act (DMA) der Europäischen Union

Tech-Unternehmen Meta (formerly Facebook) and TikTok have lodged objections to their classification as gatekeepers under the Digital Markets Act (DMA) of the European Union. The DMA stipulates that large tech companies classified as gatekeepers must meet certain requirements to promote competition and limit their dominant position. Meta has objected to the classification of its Facebook Messenger and Marketplace as gatekeepers. The company argues that these platforms do not fall within the definition of a gatekeeper. Meta considers the Facebook Marketplace as a service for consumers and not as an online intermediary service according to the DMA definition. The Messenger is simply a chat function within Facebook. Meta’s objection also aims to clarify open legal questions regarding the terms Messenger and Marketplace in the DMA. Nevertheless, Meta plans to comply with the provisions of the DMA and cooperate with the European Commission. The company accepts the classification as gatekeeper for Facebook, Instagram, and WhatsApp and does not raise objections against it. TikTok has also joined Meta and objected to the classification as gatekeeper. TikTok does not consider itself an established provider but rather the strongest competitor to established platform companies. The company claims that it does not meet the requirement of a yearly revenue of €7.5 billion in the European Economic Area. TikTok’s classification as a gatekeeper is based on the global market capitalization of its parent company Bytedance, which is not active in Europe, and is mainly based on the performance of various business areas. The DMA includes extensive regulations to limit the dominant position of large providers and promote competition. The criteria set by the EU apply to providers with more than 45 million EU users, a minimum revenue of €7.5 million in the EU over the past three years, and activities in at least three EU member states. The implementation period for the companies began in September 2023. By early March, they must comply with the DMA requirements. Until November 16, companies have the opportunity to lodge an objection. It remains to be seen how the European Commission will respond to the objections raised by Meta and TikTok and whether other tech companies will object to their classification as gatekeepers. The DMA is intended to contribute to making the digital market fairer and more competitive and to serve the interests of consumers.

Schlagwörter: Digital Markets Act + GatekeeperDienste + Meta Facebook und TikTok

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