EU Court Rejects Opera's Bid to Label Microsoft Edge a Gatekeeper

The European Union's General Court has rejected Opera's challenge to the European Commission's decision not to designate Microsoft Edge as a gatekeeper service under the Digital Markets Act. The court ruled that the Commission did not err in accepting Microsoft's arguments that Edge is not an important gateway between businesses and consumers.

The European Commission made the decision not to designate Microsoft Edge as a gatekeeper service in February 2024, after a market investigation into Microsoft. Despite Edge meeting the quantitative threshold for user numbers under the Digital Markets Act, the Commission accepted Microsoft's argument that it was not an important gateway for reaching European users.

Opera filed for annulment of the Commission's decision in July 2024, arguing that the Commission had misapplied the criteria for designating a gatekeeper service. The Norwegian browser maker claimed that Edge has a “durable and privileged position on Windows” that the Commission had not adequately assessed.

The General Court concluded that the Commission did not err in accepting Microsoft's sufficiently substantiated arguments to demonstrate that Edge did not constitute an important gateway. This decision means that Microsoft Edge will remain outside the EU's toughest tech rulebook.

## What it means The ruling has significant implications for the tech industry, as it sets a precedent for how the Digital Markets Act will be applied to other companies. Microsoft is already a gatekeeper in the EU for services including Windows and LinkedIn, but not for Edge, Bing, or Microsoft Advertising. The decision also highlights the ongoing rivalry between Opera and Microsoft, which dates back to 2007 when Opera filed a complaint that led to a €561 million EU antitrust fine against Microsoft in 2013.

## Background The Digital Markets Act is a set of rules aimed at regulating the power of Big Tech companies in the EU. The act sets out a list of dos and don'ts for these companies, and designates certain services as gatekeepers, subjecting them to stricter regulations. The European Commission acts as the EU competition enforcer, and has notched a string of court victories over its DMA decisions, raising the bar for legal challenges.

The case has significant implications for the future of the tech industry in the EU, and highlights the ongoing efforts to regulate the power of Big Tech companies. The ruling will likely be closely watched by other companies and regulators, as it sets a precedent for how the Digital Markets Act will be applied in the future.