Advocate General Opinion in ByteDance v Commission: A Look at the DMA Gatekeeper Rebuttal Mechanism

On October 15, 2026, the Advocate General’s opinion was delivered in ByteDance’s appeal to the Court of Justice against the General Court’s 2024 judgment upholding the Commission’s decision to designate it as a gatekeeper under the DMA for its TikTok core platform service.

This is the first DMA case to reach the Court of Justice. The Advocate General’s opinion is meant to guide the Court’s decision-making but is not binding. The judgment is expected at a later date.

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