EU Commission rules X not a gatekeeper under DMA

Giuseppe de vita
Credit: Darko Vojinovic/Copyright 2023 The AP. All rights reserved

Brussels (Brussels Morning Newspaper) – The EU Commission deduces that X should not be designated under the Digital Markets Act.

Today on 16 Oct 2024 the European Commission figured that the online social networking service of X should not be designated as a core platform service under the Digital Markets Act (DMA). The Commission decision comes after an in-depth market examination embarked on 13 May 2024 following the notification by X of its status as a potential gatekeeper. 

How did X respond to the EU’s gatekeeper review?

As reported by the Commission together with the notification, X also offered rebuttal arguments, explaining why its online social networking service should not, in its view, qualify as an essential gateway between businesses and consumers, even if X is supposed to meet the quantitative thresholds outlined in the DMA.

Also in July 2024, the Commission reported X of its preliminary view that it is in breach of the Digital Services Act (DSA) in areas connected to dark patterns, advertising transparency and data access for researchers. Based on an in-depth inquiry that included, among others, the breakdown of internal company documents, interviews with experts, as well as collaboration with national Digital Services Coordinators, the Commission had issued preliminary findings of non-compliance.

Why did the EU Commission reject X’s gatekeeper status?

According to the EU Commission, following a thorough review of all arguments, including input by relevant stakeholders, and after conferring with the Digital Markets Advisory Committee, the Commission concluded that X does definitely not qualify as a gatekeeper concerning its online social networking service, given that the investigation revealed that X is not an important gateway for business users to reach end users. Moreover, the Commission said that it will continue to observe the developments in the market with respect to this service, should any substantial changes arise.

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Giuseppe De Vita is a journalist at Brussels Morning News, He is covering European politics, Law and Technology news. Lawyer at De Vita & Partners Law Firm specializing in Criminal Law, Military and Space Law, and Cyber Security. In April 2023, he authored the monograph "Governance in Extraterrestrial Space", showcasing his extensive legal expertise. He has acquired vast experience in handling criminal and civil matters, managing litigation before various levels of jurisdiction across the national territory. In 2010, he obtained a Master's degree in Information Technology Law. Additionally, in the same year, he served as a teacher in criminal-IT subjects at the Penitentiary Police School of Portici, providing courses aimed at officials and managers of the Penitentiary Police and the Penitentiary Administration, focusing on IT security. He also serves as a Workplace Safety teacher, conducting training courses at various organizations and educational institutions. Moreover, he is a lecturer on Anti-Corruption and Transparency. The law firm, under his guidance, assists both private and corporate clients in court, accumulating significant experience in criminal and civil disputes over the years. Furthermore, it conducts Risk Management and Compliance, Cyber Resilience, and Cyber Security activities, with a specific focus on privacy protection (EU Regulation 2016/679 - GDPR). Giuseppe frequently publishes articles in legal journals, analyzing various regulatory issues. He has contributed articles to the legal journal Altalex, of which he is also a member of the Scientific Committee.
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