EU advocate general backs ByteDance gatekeeper designation under the DMA

On October 15, Advocate General Andrea Biondi recommended that the Court of Justice dismiss ByteDance’s appeal against the European Commission decision designating TikTok as a gatekeeper under the Digital Markets Act. The opinion is not the Court’s final judgment, but it supports the Commission’s application of the DMA designation framework to a platform controlled by a non-EU parent. For multinational technology clients, the matter reinforces that corporate origin does not displace EU platform obligations when market thresholds and service conditions are met. Counsel should keep appeal strategy separate from current compliance because a favorable advisory opinion for the Commission increases enforcement confidence even before judgment.